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"From, lac oripinal Pamtin? in Possession of Alexf. Bnnlop . of Keppoch, Esquire 





















BOOK III. FROM 1684 TO 1688. 

CHAP. VIII. Of the state and sufferings of 
presbyterians during the year 1684, I. 

Sect. 1. Of the procedure of the council re 
lative to the sufferings this year, 2 proclama 
tion with a list of fugitives, May 5th, 1684, 12 
proclamation against rebels, July 22d, 1684, 

Sect. 2. Of the sufferings of particular per 
sons, noblemen, gentlemen, ministers, and others, 
not to death, this year, 37. 

Sect. 3. Of the proceedings of the criminal 
court, forfeitures, and public executions this 
year, 57. 

Sect. 4. Of the council and criminal processes 
against the laird of Cesnock, the earl of Low- 
don, Mr Spence, the reverend Mr William 
Carstairs, the laird of Jerviswood, and others, 
alleged to be concerned in the plot this 
year, 71 Cesnock s indictment, 72 Ces- 
nock s advocate s defences, 75 king s advo 
cate s answers, 78 Cesnock s lawyers du- 
plies, 80 Sir George Lockhart s triplies to 
Cesnock s advocates, 83 Cesnock s lawyers 
quadruplies, 84. 

Sect. 5. Of the procedure at the circuit courts, 
October, 1684, 113 proclamation for the oaths 
of masters of vessels, September 15th, 1684, 116 
proclamation for passes, September 16th, 1684, 

Sect. 6. Of the exorbitant fining, and long 
imprisonment of a considerable number of gen 
tlemen after those courts, November and De 
cember, 1684, 136. 

Sect. 7. Of the apologetical declaration emit 
ted by the society people, the murder at Swine 
Abbey, and the severe procedure, commissions 
and proclamations following thereupon, Novem 
ber and December, 1684, 147 society people s 
declaration, especially against informers and in 
telligencers, November 8th, 1684, 148 procla 
mation against a treasonable declaration, Decem 
ber 30th, 1684, 160. 

Sect. 8. Some general hints of the persecution, 
particular hardships and murders in the fields, 
with some other accounts which came not so 
well in upon the former sections this year, 168 
proclamation for lieutenant in Tarbet and the 
Highlands, May 5th, 1684, 179. 

CHAP. IX. Of the state and sufferings of 
presbyterians during the year 1685, 181. 

Sect. 1. Of the persecution this year on the 
score of the society s declaration, 182. 

Sect. 2. Of the procedure of the council, and 
their committees, till the king s death, 187. 

Sect. 3. Of king Charles his death, .February 
6th, the accession of his brother, with the more 
general procedure of the council, during the fol 
lowing part of this year, 199 Secretary s 

letter to the council upon the king s death, Feb 
ruary 6th, 1685, 201 proclamation, king James 
VII. Edinburgh, February 10th, 1685, ib. 
king s indemnity, February 26th, and March 2d, 
1685, 205 commission to Colonel Douglas, 
March 27th, 1685, 207. 

Sect. 4. Of the sufferings and treatment of 
particular persons this year, before the privy 
council, 211. 

Sect. 5. Of the procedure of the justiciary 
court this year, 224. 

Sect. 6. Of the murders in the fields, the bar 
barous drowning of women within the sea mark, 
the murder at Polmadie, and others this year, 

Sect. 7. Of the searchings, oppressions, and 
harassings through the country, and other suf 
ferings of Presbyterians, not unto death, till the 
parliament this year, 1685, 253 proclamation, 
magistrates of Edinburgh, January 9th, 1685, ib. 

Sect. 8. Of the actings of the parliament con 
vened April 23d, as far as they relate to the 
church, 259 king s letter to parliament, com 
missioner and chancellor s speech, with the par 
liament s answer, April 28th, 1685, ib. parlia 
ment s offer of duty, April 28th, 1685, 266 
proclamation for putting the kingdom in a pos 
ture of defence, April 28th, 1685, 267 act for 
the test, May 13th, 1685, 274 act anent justices 
of the peace, 275 act for regularity, 279. 

Sect. 9. Of the unsuccessful attempt of the 
Earl of Argyle, May, 1685, to rescue the nation 
and church from the burdens they were under, 
with some account of his taking, trial, and mar 
tyrdom, 282 declaration of the earl of Argyle, 
with the noblemen, gentlemen, &c. 1685, 286 
Argyle s declaration to his vassals, 290. 

Sect. 10. Of the acts of parliament against the 
earl of Argyle, the execution of Rum bold and 
Mr Thomas Archer, and the forfeitures and 
great trouble others were brought to for this un 
successful attempt, 308 proclamation against 
traitors and fugitives, June 24th, 1685, 311. 

Sect. 11. Of the sufferings and hardships en 
dured by the prisoners sent to Dunotter, May, 
this year, with some further view of severities 
exercised through the country during the sitting 
of parliament, and after the earl of Argyle s at 
tempt, 321. 

Sect. 12. Of the hardships of the prisoners 
transported to America with Pitlochie, in Sep 
tember, particularly those of the laird of Bar- 
magechan, 331. 

Sect. 13. Of the sufferings and deaths of 
which I hare not the particular dates, with 
some other incidental things this year, 1685, 
not formerly noticed, 336 act, magistrates of 
Edinburgh, October 28th, 1685, 346. 

CHAP. X. Of the state and sufferings of pres 
byterians in the year 1686, 353. 


Sect. 1. Of the procedure of the justiciary 
murders in the fields, and other branches of the 
persecution this year, 1686, 354. 

Sect. 2. Of the proceedings of the parliament 
which met April 29th, this year, with the dis 
appointment of the project for rescinding of the 
penal statutes, 358 king s letter to the parlia 
ment, with the parliament s answer, and the 
commissioner s speech, April 29th, 1686, 359 
act anent the penal statutes, 1686, 366 reasons 
why none who own the present government, 
can consent to abolish the penal statutes, 1686, 
367 reasons for abrogating the penal statutes, 
371 answer to a paper writ for abrogating 
the penal statutes, 375 letter from the free 
holders of the shires of , to their commis 
sioners to the parliament, 1686, 381. 

Sect. 3. Of the king s remarkable letter after 
the rising of the parliament, the state of Mr 
Renwick and his followers, some proclamations, 
and other things this year, which came not in 
so naturally upon the former sections, 388 
Robert Cathcart s information against Mr Ren- 
wick and his party, 1686, 393 Irish proclama 
tion against treasonable speeches, February 26th, 
1686, 398 king s letter to the archbishops, with 
directions to preachers, March 1686, 399 pro 
clamation against slanderers and leasing-makers, 
June 16th, 1686, 401 proclamation pardoning 
the shire of Argyle, September 16th, 1686, 402. 

CHAP. XI. Of the state and circumstances 
of presbyterians during the year 1687, 402. 

Sect. 1. Of the procedure of the justiciary 
and council, with the general state of the per 
secution through the country, this year 1687, 
404 criminal letters against Dr Gilbert Bur- 
net, 1687, 406 Dr Burnet s answer, 408 
Dr Burnet s second citation, 411 proclamation 
against conventicles, 1687, 413. 

Sect. 2. Of the various acts of indulgence 
granted this year, and particularly that liberty 
in July, which presbyterian ministers fell into, 
with some remarks, 416 king s letter to the 
council, February 12th, 1687, 417 proclama 
tion, February 12th, 1687, for first indulgence, 
ib. some reflections on the foresaid proclama 
tion, 420 council s answer to the king, February 
24th, 1687, 423 king s letter to the council, 
March 31st, 1687, or the second toleration, 424 
king s declaration for liberty of conscience in 
England, April 4th, 1687, ib. proclamation, 
June 28th, and July 5th, 1687, or the third to 
leration, 426 the presbyterian ministers ad 

dress of thanks, July 21st, 1687, 428 address of 
the inhabitants of Edinburgh and Canongate, 

1687, ib. 

CHAP. XII. Of the state of matters in the 
year 1688. when the sufferings of presbyterians 
ended by the happy and glorious revolution, 437. 

Sect. 1. Of the procedure of the justiciary, 
and acts and proclamations of council this year, 

1688, 437 act, January 17th, 1688, for a thanks 
giving upon the queen s being with child, 439 

S reclamation, May 15th, 1688, or the fourth in- 
ulgence, 440 act for a thanksgiving, June 14th, 
1688, 44J proclamation against Mr David 
Houstoun, June 12th, 1688, 442 proclamation, 
August 15th, against books and pamphlets, 443. 

Sect. 2. Of the taking, trial, and public exe 
cution of Mr James Renwick, in February this 
year, 445. 

Sect. 3. Of some particular instances of pres 
byterian ministers, and others, their sufferings, 
not unto death, this year, 454. 

Sect. 4. Of some other things which passed 
this year, with the council s procedure, and other 
remarkables more immediately preceding the 
glorious and never to be forgotten Revolution, 
November, 1688, 461 rules of the schools at 
Holyrood-house, ib. proclamation for raising 
the militia, and setting up beacons, September 
1688, 463 king s answer to the council, October 
1688, 465 proclamation calling out heritors, 
October 3d, 1688, 466 act anent the militia, 
October 9th, 1688, 467 letter from the Scots 
bishops to the king, November 3d, 1688, 468 
king s answer to the former, November 15th, 
1688,469 proclamation, November 10th, against 
spreaders of false news, ib. proclamation, De 
cember 14th, 1688, anent papists, 475 procla 
mation, December 24th, 1688, calling forth the 
heritors, ib. first draught of an address to the 
prince of Orange, 477 address from the meet 
ing of presbyterian ministers, to the prince of 
Orange, 481 claim of right, 482 act abolish 
ing prelacy, July 22d, 1689, 484 draught of an 
act of parliament excluding persons from public 
trust, 485 act of parliament, April 25th, 1690, 
restoring presbyterian ministers, ib. act of 
parliament, June 7th, 1690, ratifying the con 
fession of faith, and settling presbyterian church 
government, ib. reasons for rescinding the for 
feitures, 487 act of parliament rescinding fines 
and forfeitures, 489. 











Of the state and sufferings of presbyterians, 
during the year 1684. 

THE nature of persecution is pro 
gressive and growing, and it caw 
scarce be otherwise ; one sin is a native 
inlet unto another, and the wicked wax 
worse arid worse. Malice, envy, and enmity, 
against religion and its followers, are insa 
tiable; and the Lord in the depth of his 
righteous judgment, suffers sinners to har 
den themselves, and go on from evil to worse, 
till their cup fill. Success in sin embolden- 
eth the actors, and thirst after blood, like 
a fever, still increases till a crisis happen. 
Accordingly, the reader will find a cruel 
oppressive spirit mightily upon the increase 
in Scotland, this year : the work is turning 
easy, hardships upon presbyterians ordinary, 
and the trade is gainful to not a few. To 
wards the end of the year, a vast many 
gentlemen, formerly out of their reach, were 
attacked, and the prospect of having a 
share of swinging fines, as good, if not bet 
ter, as forfeitures, made the sentences go 
glibly on. Some of the best of the nation were 
attacked, and the duke of York had every 
thing going in Scotland, according to his 

wish. We have this year a new scene of 
blood, and public executions were fre 
quent ; and, during this summer, murders 
in cold blood in the fields are beginning, 
and we shall meet with great numbers of 
them next year. The universal pressing of 
the test, was a noble handle for persecution. 
Fines and banishments are most frequent. 
The garrisons and lesser courts, by citations 
and searches, harass the country; and the 
larger circuits bring persons of better quality 
to a great deal of trouble. Great numbers 
of gentlemen of note and rank, are most ex 
orbitantly fined, to the value of their real 
estates ; and this year is shut up with the 
martyrdom of that excellent and extraor 
dinary person the laird of Jerviswood. In 
this heap of matter, where the rigour and 
severity of the persecution is indeed far be 
yond any notion I can give, or the lame 
accounts that now, after so many years, can 
be had, I cannot observe that order I could 
desire ; yet to essay this as much as the 
vastness and variety of the matter will allow, 
I shall give some account of the procedure 
of the council this year, from the records, 
both more generally in their acts and com 
missions, and more particularly in their pro 
cesses against gentlemen, ministers, and 



others : and next, I design to lay 
before the reader, the processes be 
fore the criminal courts, and the forfeitures 
and deaths enacted by them, with a more 
distinct account of the processes with rela 
tion to the alleg-ed plot. Then natively will 
follow the procedure at the circuits, and the 
exorbitant fines after them, with some other 
hints which came not in so well on the for 
mer heads. This will afford matter for 
eight sections. 


Of the procedure of the council, relative to 
the sufferings this year 1G84. 

THE privy council, as influenced now, not 
only by the clergy, but a habit of severity, 
heightened by gain and incomes from the 
fines, was the great spring of all the perse 
cution, and therefore I begin with distinct 
accounts of their procedure, as the founda 
tion of the other branches of persecution. 
There was not much need of any new acts, 
but a vigorous prosecution of those made, 
and giving commissions to particular per 
sons, with a council and justiciary power. 
As I have done on the former years, I here 
just run through what they did, in the order 
of time it fell out. 

Fines were one of the sore oppressions 
the poor country came under in the former 
years, as we have heard ; the most part of 
them were pockettcd and squandered away 
in profanity, and it was but a small part of 
them that ever was accounted for. The 
duke of Queensberry and others of the 
prime managers had observed this, and 
grudged it; wherefore last year a letter 
was impetrate from the king upon this sub 
ject, which was read and recorded in the 
council-books, January 3d this year, and 

" Charles R. Right trusty, &c. Whereas 
we are informed, that since the indemnity, 
granted by us soon after the rebellion at 
Both well-bridge was defeated by the bless 
ing of God upon our forces, a great number 
of fines were imposed by several of our 
judges and magistrates, in that our ancient 
kingdom, upon heritors, on the account of fa 
natic irregularities and disorders, whereof a 
part hath been uplifted by them, or others 

by their appointment. It is now our will 
and pleasure, and we hereby authorize and 
require you forthwith to call all such judges 
and magistrates to an account of what fineSj 
or any part thereof, they, or any others by 
their order have received, and to take care 
that with all convenient and legal diligence, 
all, or such a part of the said fines not yet 
raised, as our privy council there shall think 
fit to determine, be uplifted and received 
from the said heritors, to the end that Ihe 
same, as well as what is already received, 
may be brought into our exchequer, to be 
disposed of to such uses, and in such manner 
as we shall hereafter think fit to appoint. 
Providing always, that the remainder of 
such fines be not discharged, but left as an 
a\vband over their heads, for their good be 
haviour in time coming, accordingly to be 
raised, or not, hereafter, as our said privy 
council shall think fit for our service : and 
in regard it is reasonable and just, that such 
of the officers of our forces as are or shall 
be employed in the extraordinary com 
missions granted, or to be granted in rela 
tion to fanatic disorders, have not only 
their charges allowed, but a reward given 
them for their good behaviour, we require 
our treasurer-principal, and our chancellor, 
to transmit to us an account of all such 
charges as our officers are at, and of such 
sums as they judge reasonable to be be 
stowed on them, to the end that we may 
declare our further pleasure. Given at 
Whitehall, April 5th, and of our reign the 
thirty fifth year. 


This letter is directed to the lord marquis 
of Queensberry, lord high treasurer-princi 
pal, and lord treasurer-depute, and was re 
mitted to a committee, who were to bring- 
in a report. And, January 10th, the com 
mittee about the fines reported, " that hav 
ing considered his majesty s letter, and the 
council s remit, it is their opinion, that a 
distinction cannot be made of persons guilty 
or less guilty, or altogether free, or \vho 
shall deserve his majesty s favour or not, 
till the persons decerned upon the decreets, 
and their particular case be considered upon 
their application; and that therefore let 
ters of horning, under the council s signot. 

CHAP. VI 11.] 


should be direct upon ine sentence of the 
sheriff-depute of Renfrew, as to the heritors 
of that shire in the first place, to make pay 
ment of their fines in fifteen days, being the 
ordinary term of law ; and that they or any 
of them who shall make application, shall 
be heard before the council ; and that after 
the discussing of that shire, such another 
shire may be discussed as the council shall 
think fit." 

The council approve, and order the per 
sons charged to be heard on their applica 
tion, by way of suspension. According to 
this act, we shall, in the following section, 
find a good many of the heritors of Ren 
frew, Matthew Stuart, Falside, Balgray, 
Brisbane, and others, have suspensions and 
reductions of their decreets granted them. 
Sir John Maxwell of Nether Pollock, and 
others of the presbyterian gentlemen of that 
shire, were in dependance before the justice- 
court, and at the end of the year came un 
der most unaccountable fines. Meanwhile, 
February 12th, Mr Ezekiel Montgomery, 
sheriff-depute, is ordered to be seized for 
many malversations in his office ; some of 
them we have heard, and more will fall in. 

Whether the council went on to examine 
the procedure about fines in other shires, I 
know not. All I meet with further in the 
registers upon this head, is a petition from 
Hugh Wallace his majesty s cash-keeper, 
April 17th, showing, " That the council, 
by their late act, were pleased to ordain 
letters of horning to be direct against all the 
magistrates within this kingdom, who had 
not made report of their diligence, against 
such as were guilty of ecclesiastical disor 
ders, and to deliver in their decreets and 
sentences to the lord treasurer, treasurer- 
depute, or your petitioner in their name, to 
the effect diligence may be done against the 
persons liable for such a part of those fines 
as belong to his majesty. Conform there 
unto the magistrates of Edinburgh have 
been charged to give in their decreets, 
which they having done, it appears the fines 
received by them extend to .8349. 12s. 
Scots given in at the bar. The magistrates 
are ordained to pay the said sum to his 
majesty s cash-keeper. And upon a peti 
tion from the late magistrates, to have some 
allowance for the expenses and trouble they 

were at, in putting the laws in execu 
tion against the delinquents, the coun- 
cil allowed them to retain the sum of two hun 
dred pounds sterling, which is to be distri 
buted among the late magistrates for their 
care in that matter; that the council may 
ordain the superplus to be paid into the 
cash-keeper." They do so and appoint it 
to remain in his hands, till it be considered 
what part belongs to the king, as having a 
right to heritors fines, and what to the 
town, as being the fines of burgesses and 
others not heritors. I meet with no more 
about this act. If it was put in execution 
with relation to the other burghs and shires, 
where fines were uplifted, it would amount 
to a prodigious sum ; and we may see what 
large allowances were made to the magis 
trates, who were severe in execution of the 
laws about fines. 

January 23d, the council send a letter to 
the king by the earl of Perth, seeking lib 
erty to dispense in some cases with the fines 
imposed upon husbands, for the disorders 
of their wives. The case came natively 
in upon the forementioned act, and therefore 
I annex it here. 

"May it please your Majesty, Your 
majesty s parliament did wisely foresee, 
that withdrawing from the church would 
leave your majesty s subjects to be de 
luded with rebellious principles, and ne 
cessarily occasion these field-conventicles, 
which have proved to be actual rebellion, 
and are by your parliament, called the ren 
dezvouses of rebellion, and therefore they 
ordained all persons who withdrew to be 
fined. And such who are intrusted to put the 
laws in execution, against that or other ec 
clesiastical disorders, having on all occasions 
represented to your privy council, that 
women were the chief fomenters of these 
disorders, and that nothing could restrain 
them except making husbands liable for 
their fines : they considering, that in all 
other cases of the like nature, husbands 
were liable by your acts of parliament for 
the fines of their wives; and that therefore, 
by the analogy of law, and parity of reason, 
the best interpreters of all law, they ought 
to be so in this case also, did, upon those 
and many other considerations herewith 
represented to your majesty, find the 


LBOOK in. 

husbands accordingly to be liable. 
But because in matters of govern 
ment, and laws relating- to it, your sacred ma 
jesty, as the fountain of all justice as well as 
power, is the best interpreter, and your appro 
bation adds much vigour to the law, and en 
courages such as are to put it in execution, 
we have sent the earl of Perth your justice- 
general to represent the whole case to 
your majesty, who will inform you fully 
of all the reasons and occasions of our 
procedure, and answer such questions as 
your majesty may desire to be satisfied in, 
as to this or any other matters relating to 
your government here, which could not be 
done by a letter. And we do, with sub 
mission to your royal pleasure, desire an 
approbation of what we have done in this 
particular, with power to dispense with the 
fines of loyal husbands, as are no ways to 
be suspected of connivance with their 
obstinate wives, but are content to deliver 
them up to be punished. We are your 
most, &c. 

1 J. Drummond, 
Geo. Mackenzie, 
Jam Fowlis, 
And. Ramsay, 
J. Lockhart/ 
J. Graham, 
Tweed ale, 
Jo. Edinburgh, 

J. Falconer, 
Aberdeen Cancel. 
Alex. St Andrews, 
Arthur Glasgow, 
JLinlithgow. " 

Follows the tenor of the reasons mentioned 
in the foregoing letter, which induced 
the council to be of opinion, that husbands 
should be liable for their wives fines in 
case of delinquences. 

"1. By act 7. parl. 2. sess. 2. Char. II. 
the parliament appoints every person to be 
fined who shall withdraw, which certainly 
must include men and women ; and there 
fore there being no other punishment im 
posed but that of fining, that fining behoved 
to be effectual, else the law resolved in 
nothing. But so it is, that except husbands be 
liable for the fines, the fine was no punish 
ment, because women, who were the great 
transgressors in this point, have no estate 
out of which they can pay fines. 

"2. The goods during the marriage 
being in communion, and the husband 
having the power over them, he should 

therefore, in the construction of the com 
mon law, be liable in the payment of the 
fines imposed by act of parliament, with 
out expressing this particularly, though 
sometimes it be expressed. 

"3. The parliament having consented, 
that the wives should be fined, they con 
sented consequentially that the husbands 
I should pay it ; for it is a common rule in 
law, when any thing is granted, every 
thing is granted, without which that cannot 
be made effectual. 

" 4. Laws are to be interpreted by analogy 
for that is the presumed will of the law 
givers, which has been usually allowed in 
all other cases of this nature ; but so it is, 
that in all other cases husbands are made 
liable for their wives fines. Act 104. parl. 
7. Jam. VI. papists are ordained to pay the 
fines of their wives using popish supersti 
tions; and by the 38th act. parl. 1. sess. 2. 
husbands are ordained to pay their wives 
fines for swearing and cursing. And many 
other acts, such as those against conven 
ticles and others, husbands are also liable, 
and parents are also liable for their children, 
where there is no act for it. 

"5. Laws are to be interpreted by 
parity of reason ; but so it is, there is as 
great reason for their being liable for their 
wives fines in this as in any thing else." 

" 6. Public interest, and the necessity of 
the government, is by all lawyers thought 
a good reason for extending laws by parity 
of reason ; and without husbands being 
liable, it is impossible to preserve the 
peace, or prevent rebellion. 

"It was urged by lawyers for the defen 
ders, that it was hard that husbands in that 
case should be liable for their wives. To 
which it is answered, that rebellion is a 
harder case, and that has not been con 
sidered, in the like cases which were as 
hard, by the parliament. 

" 2. That the former immediate law made 
the husbands liable, and therefore must be 
presumed to have omitted this designedly. 
To which it is answered, that having in 
other acts expressed this, they needed not 
here, or at least that this was but an omis 
sion, which in a thousand other cases is 
supplied from a parity of reason, and pub 
lic interest, being universal laws. 



" 3. That this law may he made practica- 
hle hy imprisonment of wives. To which 
it is answered, that neither has the law ap 
pointed imprisonment, and if we must recur 
to inferences and consequences, the one is 
as reasonahle as the other : hut it is impos 
sible to make the act practicable hy impri 
sonment, for offenders know we cannot 
imprison so many as may he guilty; hut 
tines is a present punishment, and so terri 
ble, the one makes the husband active to 
persuade the wife, but the other does not ; 
and if a fine once become a debt by a sen 
tence, no woman can be imprisoned for debt 
during- marriage. 

" 4. This may be dangerous to loyal hus 
bands. To which it is answered, that the 
case by experience is known to occur sel 
dom : for before this way of execution there 
were many offenders ; yet it is now known 
there are very few honest men in those 
circumstances, and if they be, they are in 
the mercy of a king, who is compassionate 
even to rebels, and his majesty may empower 
his council as to this." 

The occasion of this letter was a petition 
from Sir William Scot of Harden, who, we 
heard, was most exorbitantly fined last year, 
and continued in prison for his lady s irre 
gularities. It would seem, the bulk of the 
council were not for insisting on the fine 
as to him. This will come in afterwards 
on his sufferings, and yet the matter was 
put over upon the king, and this letter and 
reasons appointed to be sent him, and the 
lords of the clergy, such counsellors as are 
lawyers, and duke Hamilton were appoint 
ed to draw them. An answer from the 
king cornes down, February 12th bearing, 
" that his majesty approves husbands being- 
fined for their wives, but authorizes the 
council to dispense with the fines on loyal 
husbands, who do not connive at their ob 
stinate wives ways, and are willing to deliv 
er them prisoners."* 

* The following plain statements by bishop 
Bur net confirm and illustrate the account 
given of this matter by our historian. " The 
churches were now all well kept by the 
men : but their wives not being named in the 
act of parliament, none of them went to church. 
The matter was laid before the council: and a 
debate arose upon it ; whether, man and wife 
making one person in law, husbands should not 
be fined for their wives offences, as well as for 

In the entry of this year new 
commissions are granted to the fol 
lowing persons. This method saved them 
the charges and solemnity of a circuit, and 
did their business as effectually and more 
arbitrarily. January 3d commission is 
granted as follows. " Charles R. To all our 
loving subjects : forasmuch as we being in 
formed, that divers desperate rebels do 
haunt and frequent about Glasgow, Dum 
fries, and other places in the shire of .Lan 
ark, and other western shires, some whereof 
are apprehended and imprisoned for being 
in the late rebellion, who treasonably justi 
fy the same, or deny and disown our author 
ity and sovereignty : and we finding it 
necessary for our service, that justice be 
done upon the place upon such desperate 
and malicious rebels, which may be more 
expeditely done, and of greater example, 
we, with advice of our privy council, here 
by give and grant full power and authority, 
and express commission to the present pro 
vost of Glasgow, the bailie of the regality 
there, the sheriff- depute of Lanark, Sir 
James Turner and lieutenant-colonel 

their own. Lord Aberdeen stood upon this, 
that the act did not mention the wives : it did 
indeed make the husbands liable to a fine, if their 
wives went to conventicles ; for they had it in 
their power to restrain them : and since the 
law provided in the one case, that the husband 
should suffer for his wife s fault, but had made 
no provision in the other case, as to their going 
to church, he thought the fining them on that 
account could not be legally done. Lord Queens- 
berry was for every thing that would bring 
money into the treasury ; so since, in those parts, 
the ladies had for many years withdrawn wholly 
from the churches, he reckoned the setting fines 
on their husbands to the rigour would make all 
the estates of the country be at mercy ; for the 
selling them outright would not have answered 
this demand for the offences of so many years. 
The earl of Perth struck in with this, and 
seemed to set it up for a maxim, that the pres- 
byterians could not be governed, but with the 
extremity of rigour; and that they were irre- 
concileable enemies to the king arid the duke, 
and that therefore they ought to be extirpated. 
The ministry in Scotland being thus divided, 
they referred the decision of the point to the 
king : and lord Perth came up to have his re 
solution upon it. The king determined against 
the ladies; which was thought very indecent : 
for in dubious cases the nobleness of a prince s 
temper should always turn him to the merciful 
side. This was the less expected from the king, 
who had all his life time expressed as great a 
neglect of women s consciences, as esteem for 
their persons." Hist, of His Owu Time, vol. ii. 
i pp. J)9J, C ( J5.12mo. edit. London 1725. Ed. 


[BOuK 111. 

Wiudram, or any three of them, as our 
*" judges in that part, for j udging the per 
sons guilty of the said crimes, who are or shall 
he apprehended, in the shires of Lanark or 
Dumbarton or jurisdictions within the same, 
they not being heritors. And to James Alex 
ander sheriff-depute of Dumfries, the eldest 
bailie for the time there, James Johnston of 
Westeraw Stewart-depute of Annandale, 
Thomas Lidderdale of Isle stewart-depute 
of Kirkcudbright, David Graham brother 
to Claverhouse, Bruce of Ab- 

botsliall, captain Strachan, William Graham 
cornet to Claverhouse, or any three of 
them, for trying and judging such persons 
in Dumfries, Kirkcudbright, Wigton, and 
Annandale. With power to meet when 
and where they please, to hold courts, 
create members, call before them the per 
sons foresaid not being heritors, and put 
them to the trial of an assize, and pass sen 
tence, and see justice done accordingly, 
conform to law, and this commission to 
continue till recalled, recommending to the 
advocate and the clerk of the justice-court, 
to send fit and qualified persons to serve as 
deputes for them, before our said justices, 
promitten. to hold firm and stable. 

" D. Falconer, Montrose, 

Jam. Fowl is, Linlithgow, 

Suothesk, Aberdeen Cancel. 

Livingstone, Queensberry, 

Jo. Edinburgh, Athole." 

February 1 9th I find another commission 
granted in the very same terms, and | 
with the same powers, only Renfrew j 
and Ayrshire are included, to the Lord 
Ross, the provost of Glasgow, Sir Wil 
liam Fleming of Perm, lieutenant-colonel 
Windram, lieutenant-colonel Buchan, Sir 
James Turner, Somerwell of 

Spittle, and William Stirling bailie of the 
regality of Glasgow, or any five of them. 

Several persons were condemned, by 
virtue of this commission, at Glasgow, in 
March, and I scarce think they would 
spare all who came before them at Dum 
fries, the commissioners being a set of the 
most violent persecutors of that time, yet I 
have no accounts of their procedure. The 
account of those executed at Glasgow, I 
shall delay till the third section, where the 
public executions will come in, 

Meanwhile I find those commissioners 
corresponding with the council, and re 
ceiving directions from them. February 
28th * The lords of his majesty s privy 
council, having considered a letter from the 
commissioners of justiciary at Glasgow, 
containing some doubts and queries as to 
their procedure against the persons indicted 
before them, in the cases where pannels 
are silent, or make no direct answers, < r 
such who. albeit guilty, yet offer to take the 
test. In those the lords allow them to de 
lay procedure against them, and adminis 
ter the test to such as desire it, and to ac 
quaint the council with their particular 
causes and repentance, that they may give 
particular directions therein. And the 
lords expect, where probation is clear as to 
any who were actually in the rebellion, 
and assert treasonable principles, that they 
will proceed against such, and cause justice 
be done according to their commission. 
The same orders are repeated to the justices 
at Dumfries, with this alteration, that when 
the pannels refuse to answer, and there is 
no probation, the justices send them into 
Edinburgh. And upon another case, which 
offered as to persons without the bounds 
specified in their commission, April 22d 
the council declare, * That their commis 
sioners for judging rebels in the several 
shires, ought to proceed against rebels 
without the bounds of their commission, 
wherever they formerly lived, or were ap 
prehended, as against those within the 
same shire, they being brought to them, 
and to proceed in all respects, as if this had 
been a clause of their commission. This is 
all I meet with as to these justiciary com 
missions. They arc plain instances of the 
bloodiness of this time. There had been 
very lately circuits, the justice court was 
sitting at Edinburgh, and this year we 
shall meet with new circuits : yet to awe 
the poor country, and to despatch the peo 
ple they had apprehended in their searches, 
and were daily catching, this power is 
granted, and was exercised with much se 
verity. Perhaps it might be to prepare 
matters for this country justiciary, that the 
laird of Meldrum, January 14th, gets com 
mission to make trial for rebels in Lanark 
shire. The reason given is, the council 



was informed of some disorders and inso- 
lencies committed in Carstairs and Lesma- 
hago, by stabbing some dragoons horses, 
and taking- away some goods and corns 
belonging- to rebels. 

It seeins, all their diligence for recover 
ing the fines got into the hands of under- 
magistrates, and the uplifting of what was 
not paid, had little eft ect through the coun 
try. And therefore a new commission to 
colonel Thomas Buchan, is granted by the 
council, to uplift those fines in the shire of 
Ayr, much in the same terms of some 
granted last year. That same day, April last, 
the council make another act, which was 
the occasion of further sore oppression of 
the country. * The lords of council being 
informed, that since the justice court (the 
circuits I suppose are meant) divers of these 
rebels denounced for not appearing before 
the justices, have been harboured, reset, 
entertained by several disaffected persons 
in the western shires, to the great en 
couragement of them to persist in those 
rebellious courses, give orders to the sher 
iffs and other deputes, and the ordinary 
magistrates and officers of the army, to 
inform themselves of the persons guilty of 
the reset of rebels, and to lead probation 
for proving thereof before themselves, and 
where they find the same proven, to search 
for and apprehend the persons guilty of the 
reset of rebels, and imprison them till they 
be brought to justice; recommending to 
the commissioners of the justiciary in the 
several shires, to do justice upon some of 
those, not being heritors, most guilty, and 
the heritors to be tried and judged by the 
justice court; and recommend it to the 
lord treasurer and treasurer-depute, to com- 
missionate some fit persons in the country, 
to sequestrate, secure, sell, and dispose 
upon the goods and moveables of these re- 
setters, whether heritors or not, after they 
shall be found guilty as aforesaid, and have 
subscribed lists of their names from those 
who shall adduce probation against them, 
to be made forthcoming for his majesty s 

It hath been frequently observed, that 
nonconformity, reset, and converse are at 
this time the two great pretexts made use 
of for persecution, the most part of such 


who were actually in the risings being 
either cut off, or out of the country ; 
and we see how carefully the managers prose 
cute both. This last, of reset and converse, 
Avas what the whole country were one way 
or other engaged in, since people concerned 
in the risings were overlooked for two or 
three years, and frequented fairs and markets, 
and all other public meetings, undisturbed. 
And now by this act, the leading probation 
against, and trial of such persons, is com 
mitted to the officers of the army, with 
power to search for, apprehend, and im 
prison persons guilty. Thus the execution 
of the laws and justice is committed to the 
army, the consequences of which need not 
be insisted upon. We shall have a view of 
them in the general hints of persecution 
this year, to be cast together in the last 
section. I only remark as to the persecu 
tion for nonconformity, it turned more ex 
tensive, by the turning out of the indulged 
ministers, which was almost completed 
this year, and so the persecutors had new 
matter to work on, in many parishes for 
merly not open to them. 

Another thing the council are taken up 
with, is the banishment and transportation 
of a great many of the meaner sort, and 
some others to the plantations. Indeed, by 
the methods we have heard of, the prisons 
were overstocked, and there was not room 
for these they were daily apprehending : 
therefore, in a letter to the king, April 1 1th, 
they humbly offer to his majesty s consi 
deration, whether it be not fit to empower 
his council to send abroad such of the 
rebels as appear penitent, though they take 
not the test, because the prisons are full, 
and ships are going to the plantations, and 
they have reason to believe, that if this be 
granted, it will encourage other planters to 
free the nation of such persons. To this 
request comes an answer, dated April 24th, 
* Wherein the king declares it is his plea 
sure, that such of the rebels as are found 
penitent, be sent to the plantations, though 
they have not taken the test, within the 
time prescribed by act of parliament. lu 
pursuance of this, May 5th they write to 
the commissioners, appointed anent disord 
ers in several shires, for accounts of the 
condition of the prisoners, men or women, 




and who they are, who have harbour- 
" ed and reset, conversed, or corres- ; 
ponded with rebels, and require distinct ac- ! 
counts of them to be sent in to the clerks of 
council, with the names of witnesses, or their 
own confessions. Great multitudes were at \ 
this time sent away to the plantations, by vir- ! 
tue of this power. I cannot so much as do j 
justice to a great many of these good peo- j 
pie, by recording their names : as far as the j 
council-records go, I have noticed them, i 
but there were many sent away from Glas 
gow and other places of the country, that I 
have no distinct account of. However, I 
shall here set down what I meet with for 
some months, as to banishments in the re 
gisters, and add some few hints from some 
other accounts come to my hand, that the 
reader may have some view of this part of 
the council s procedure. 

The council, May 1 7th banish to the 
plantations, William Laing in Hawick, 
James White in Douglas, John Harper in 
Fenwick, Gavin Muirhead in Cambusnethan, 
John Gardner in Monkland, David Jamison 
a sweet-singer, James Balfour in Fife. 
Their alleged crimes are rebellion and reset 
of rebels. And, May 22d two Balfours, 
imprisoned as concerned in the killing the 
bishop of St Andrews, but had exculpate 
themselves of that, are ordered to be tran 
sported, and the persons to transport them, 
were to give 10,000 merks bonds for each 
of them, that they should safely carry them 
to the plantations. 

After the managers had agreed for the 
transportation of such as were banished, 
with Walter Gibson merchant in Glas 
gow, May 27th the council make the 
following act granting prisoners to him. 
" Forasmuch as the king s majesty, by his 
letter April 24th last, signified that it is his 
royal pleasure, that such of the rebels as 
are now in prison, and appear penitent, 
though they have not taken the test within 
the time prescribed by his majesty s pro 
clamation, be sent abroad to the plantations, 
and by the said letter authorized the said 
lords to do or cause the same to be done, at 
such times and in such manner as to them 
should seem most fit and proper. And 
whereas the lords of his majesty s privy 
council are informed, there are divers of 

the rebels in the prisons of Glasgow, Dum 
fries, and other prisons in the west, where 
they have granted commissions for judging 
and trying of them, according to law ; they, 
to the effect that such of them as appear 
penitent, may taste and share of his ma 
jesty s great clemency and mercy, do hereby, 
in pursuance of his majesty s said letter, 
fullycommissionate, empower, and authorize 
the persons formerly commissionate by 
them, at Glasgow or Dumfries, and their 
quorum, for putting the laws in execution 
against such rebels, to sentence and banish 
such of them as appear penitent, to the plan 
tations in America, in the ship belonging 
to Walter Gibson merchant in Glasgow, 
bound thither, he still finding caution to 
them for transporting the said persons to 
the plantations, and for returning a certi 
ficate of their landing, under the hand of 
the governor there, to be reported to the 
clerks of the council, before November 1st 
1685, and that under the penalty of 1000 
merks, for ilk one of the said rebels who 
shall be sentenced and delivered to him, in 
case of failie, (sea-hazard and pirates being 
always excepted.) And as to such of the 
said rebels who do not appear penitent, the 
said lords do authorize the said commis 
sioners to proceed according to their com 
mission, according to law ; with power to 
the said commissioners, to sentence and 
banish in manner and upon the terms fore- 
said, such persons rebels, not being heritors 
or ministers, as are or shall be hereafter 
imprisoned, and do appear penitent, con 
form to his majesty s said letter." 

It is a knack peculiar, I think, to this 
period, to pretend kindness and grace in the 
greatest severities inflicted by them : thus 
last year and this, the taking the test was 
pretended to be a favour, and yet the coun 
try w r as forced into it, and now banishment 
to the plantations is another act of grace 
and favour to penitents, much the same 
with the Coup de grace in France. 

June 19th Sir William Paterson, who had 
been west at Glasgow upon the conventi 
cles we shall presently hear ofj reports to 
the council, that two-and-twenty persons, 
prisoners in the tolbooth of Glasgow, are 
now banished to the plantations, and ordered 
to be transported in Walter Gibson s ship. 



And the same diet at Edinburgh, the lords 
by sentence appoint James M Gachin in 
Dairy, John Creichton in Kirkpatrick, 
John Matthison in Closeburn, John M Chis- 
holm in Spittle, libelled for reset and con 
verse with rebels, found guilty by their 
confession judicially adhered to, to be trans 
ported to the plantations. And August 
15th about fifteen more are ordered to the 
same place. 

This is all I have observed in the coun 
cil-books this summer. From other papers 
upon this head, I find March 4th, James 
Forrest younger, John Collin, James Gour- 
lay, Dennis Gilereo^ Thomas Jackson, 
George Jackson, were before the commit 
tee for public affairs, and, as they say in 
their joint testimony before me, the chan 
cellor after a long speech aggravating their 
rebellious principles, reset, c. declared to 
them, that they were banished to West 
Flanders, never to return on pain of death. 
In their testimony they vindicate them 
selves from the imputation of disloyalty and 
rebellion, and leave their testimony for the 
scriptures, confession, and covenants, against 
popery, prelacy, &c. And John Colin hath 
a separate paper by himself, likewise before 
me, wherein he gives the reason why he 
could not say God save the king, arid tells, 
he desired the committee to let him know | 
the meaning of those words, which they 
did, by telling him, it imported an owning 
his person and government, and the laws 
and present actings, which, adds he, satis 
fied me much, and I think no serious 
Christian would approve those. 

I have likewise some original letters of 
John Dick, dated April and June this year, 
with his interrogatories without date ; but 
I take them to have been in April, at Glas 
gow. He was in June banished to Caro 
lina. Some of his interrogatories and 
answers deserve a room here, he being 
a very sensible knowing person. " Being 
asked, if it was lawful to bear arms, 
answered, he thought it lawful for the 
defence of religion, that is, when people 
are oppressed for adhering to their prin 
ciples, pressed to deny them, and killed | 
for not denying them, and for personal 
defence against robbers and murderers. 
He was further asked, but what if the I 


king should carry on a course con 
trary to the word of God, may he be 1684 " 
opposed by arms ? he answered, he might, 
when no other means could prevail. The bi 
shop, or professor of divinity, he does not 
mind which, said, But I ll make it plain to you 
from the word of God, that though the 
king carry on a course contrary to scripture, 
he ought not to be opposed. John inter 
rupting him, said, the world will never do 
that, for it is a setting scripture against it 
self, and the like of it was never heard. 
Then it was asked, if he would kill one of 
the king s guards if he found them in the 
way. He answered, he was of no such 
murdering principles. They were very 
close upon him, as to his praying for the 
king ; and after many questions this way, 
they asked, Can you now pray for him ; he 
said, 1 can as he hath a soul, and hath not 
sinned the unpardonable sin, but to pray 
for him as he is king, and for the pros 
perity of his courses, I cannot do." He 
notices the bishop, with a great deal of 
pains and cunning, essayed to bring him to 
some acknowledgment that might have 
been matter of libel, but he endeavoured to 
bear off. In his original letters, he excuses 
their entering into terms with Walter 
Gibson for transportation, and expresses 
his doubts, how far they were obliged to 
propale their principles, when they could 
not be proven against them, and whether 
silence or shifting were not lawful with 
out making compliances, and presses so 
briety, which he complains there is but 
little of, and peremptoriness against all sin. 
The original testimony of about two and 
twenty, who were banished to Carolina, at 
Glasgow, probably by the court there, is 
before me. That day they received their 
indictment, as they say in their paper, for 
not owning the king s supremacy (and 
indeed it was that most of the country 
people meant when they refused to own 
his authority) their declining to call Both- 
well-bridge rebellion, and refusing to 
renounce the covenants. The names of 
the persons signing this joint testimony are, 
" James M Clintock, John Buchanan, 
William Inglis, Gavin Black, Adam Allan, 
John Gait, Thomas Marshal, William 
Smith, Robert Urie, Thomas Brice, John 



[BOOK 111. 

Syme, Hugh Syme, William Syme, 
John Alexander, John Marshal, 
Matthew Machen, John Paton, John Gibson, 
John Young, Arthur Cunningham, George 
Smith, and John Dowart. Two of them, 
John Buchanan and Arthur Cunningham, 
add to their names a confession, that they 
had fainted in giving consent to their own 
banishment. The matter stood thus, as 
far as 1 can gather it from the accounts | 
before me. Most part of them had been 
picked up at searches and otherwise, in 
Glasgow, Eastwood, Eaglesham, and other 
places round about, and had continued in ! 
prison some months. Walter Gibson and ! 
his brother were sending off a ship to j 
Carolina, and had come to some of them, i 
asking if they were willing to go with 
them to the plantations ; promising if so be 
they would go with them, they would 
make interest and get their lives spared, 
and if not, they assured them they would 
be publicly executed. Some of them 
yielded to this, but afterwards when it 
was represented by some as an owning of : 
guilt, and having a share in their own 
banishment, they acknowledge it as a step 
of fainting : So hardly put to it were these 
honest good people upon all hands. John 
Dick, in the forementioned letter, very 
modestly vindicates this step, and observes 
that their sentence had no relation to this 
dealing with Gibson, neither was it at all 
judicially considered. Those persons, with 
some others, after sentence, were given to 
the Gibsons, and this year were trans 
ported to Carolina. I have letters written 
by several of them, and their particular 
testimonies, with some of their examina 
tions ; but they all running upon the 
ordinary topics at this time, the king s 
supremacy, popery and prelacy, &c. I do 
not swell this work with them. 

I find them lying in Greenock road, ready 
to sail towards the beginning of July. There 
is before me a particular account of the 
hardships they met with in their passage, 
of which 1 shall insert an abstract, if once 
1 had noticed, that it was in this same ship, 
I suppose, the Reverend Mr William Dun- 
lop, formerly mentioned, whom I can never 
name without the greatest regard to his 
memory, transported himself, and voluntari 

ly withdrew from the iniquity of this time 
And, if I mistake not, the excellent and 
truly noble lord Cardross left his native 
country at the same time. 

Captain James Gibson commanded the 
vessel, and is represented to have been very 
rude to the poor prisoners, who were about 
thirty-two. And his seamen and under- 
officers, were yet harsher. Any small mo 
ney their friends had scraped together for 
them before they sailed, was taken from 
them, and they could have no redress. They 
were disturbed when at worship under deck, 
and threatened, and whenever they began 
to sing psalms, the hatches were closed up 
on them. They had their water given them 
in very scanty measure : one man was al 
lowed only a mutchkin in twenty-four hours. 
And when there happened to be a mutchkin 
or less over, it was carefully distributed 
among them all, or they would parcel it out 
by spoonfuls to such as were most necessi 
tous. All this Avas really from ill nature, 
for there was no strait. When they came 
ashore in Carolina, they had fourteen hogs 
heads of -water to cast out, besides a good 
number of hogsheads of beer remaining. 
At the beginning of their voyage, every 
eight of them had a Scots pint of pottage 
allowed them, and a little beer : their other 
food was salt beef, with a few pease, three or 
four years old, sodden in salt water ; this 
they had literally by weight, two ounces 
and a half to every two of them, with a 
biscuit which was old enough. Their bread 
was indeed so ill, that they could not eat it, 
but bartered it with the seamen for the rain 
water they gathered. The sick were mis 
erably treated, and had no other thing al 
lowed them but what the rest had. Some 
of the prisoners who were sick, desired to 
be put ashore at Bermudas, offering all se 
curity to captain Gibson, if they recovered, 
to come to Carolina. At first the captain 
promised, but, when he found so many sick, 
altered his mind. The very ship s crew 
were like to mutiny for want of water, and 
John Alexander died of thirst, as was 
thought. When they landed in Carolina, 
all the prisoners almost were sick; they 
were taken out, and put into houses under 
a guard : some cloth and other things given 
by their friends in Scotland, to be sold at 



the best advantage, and distributed among 
them in Carolina, was otherwise disposed 
of, and they had none of it. John Dick, 
formerly mentioned, having 1 paid his freight 
to thirty shillings, though he offered his 
bond for it, and a comrade of his offered to 
serve in his room, till that remainder of his 
freight was paid, yet the captain would in 
nowise yield to it, but forced him up the 
country with him as his servant, where he 
died. His case differed from the rest of the 
prisoners, because of the contract he had 
entered into with the captain, but no faith 
was kept to him. Two of the prisoners, 
John Smith and John Paton, offering to 
make their escape, were discovered, and 
most barbarously used, being beaten eight 
times every day, and condemned to perpe 
tual servitude. 

My account of banishments this year, 
shall be ended with an instance of severity 
great enough. When these prisoners were 
lying ready to sail from Clyde, Elizabeth 
Linning, yet alive, attesting this account, 
came down to visit the prisoners, some of 
them being her relations; when she came 
aboard, captain Gibson ordered her to be 
kept and taken with them, though he had 
nothing to charge her with : she perceiving 
this, took an opportunity, when those who 
were watching her were asleep, to get 
ashore. She was soon missed, and the 
captain ordered most of the crew ashore in 
search of her; they found her and brought 
her back, and carried her to Carolina with 
them. After they arrived there, and the 
prisoners were set ashore, she fell indispos 
ed. One day she heard the captain say, 
when he did not know she was within 
hearing, " Since she is sickly, let her go a- 
shore, but see that she come aboard every 
night till we get her sold." Upon this she 
took the first opportunity to get ashore, 
and went straight to the governor, and ac 
quainted him how she was forced to that 
place, and what she had heard. The 
governor was very civil, and caused cite the 
captain to the next court-day, where he ap 
pearing was interrogate, if he brought the 
girl from Scotland without sentence, or her 
own consent; the captain owned he had, 
ind trumped up a story, which she utterly 
refused, that she had como with letters 

to the prisoners, and means were 
essaying to procure their escape, 
> though he had given bond to the coun- 
| cil of Scotland for two and thirty of them 
! at a thousand merks per piece. The gov- 
! ernor told him, that could not be, since, as 
he was informed, she was taken after she 
j made her escape. To this he answered 
I nothing, but that he had an order from 
! lieutenant-colonel Windram to keep her, 
| for she was such a rebel as ought not to be 
I permitted to stay in the nation. The gov 
ernor desired him to produce this order, the 
other answered he had it only by word of 
mouth. Whereupon the court ordered her 
liberation, and allowed her the following 
extract. At a council held at Charleston, 
October 17th, 1684-. " Upon the reading of 
the petition of Elizabeth Linning, against 
captain James Gibson, commander of the 
Carolina merchant, in a full council, it was 
ordered as follows. Whereas upon the 
confession of Captain Gibson, that the 
within written Elizabeth Linning, was, 
without the consent of the said Elizabeth, 
brought to this province by force, and by a 
pretended order from lieutenant-colonel 
John Windram, but the said Gibson produc 
ing none, it is ordered that the said Eliza 
beth be set at liberty as a free woman." 

In short, most part of the prisoners died in 
Carolina, and scarce half a dozen of them 
ever returned to their native land ; and a 
great many years after, their commander, 
with the ship he was in, perished in the 
American seas, after a most unfortunate 
voyage. Many others were banished this 
and the following year, of whom I shall be 
scarce able to give any account : but I now 
return to the proceedings of council at Ed 

Toward the end of April, in the vacation 
of the session, a good many of the managers 
were in the country, and yet they were 
not willing any sist should be in the per e- 
cution, therefore the following order is 
made, April 22d. " The counsellors who 
are in town, are appointed to meet in the 
intervals of council, and empowered to do 
every thing they shall find necessary for his 
majesty s service, the exigence of the gov 
ernment, and peace of the country, and re 
ceive accounts from magistrates of burghs 



and officers of the army, and give or- in the note below.* Remarks need 

8 ^ ders; with power to them to convene not be made on the proclamation, 

the council." That same day the council re- after the many such papers we have met 

commend it to general Dalziel, " to ordain with. The rebellion is represented as the 

lieutenant-colonel Buchan, with five com- ( 

panics of foot, and the lord Ross troop, to n , ,. ... ,. .. ,, 

i * Proclamation, with a list of Fugitives, May bth, 
inarch to the shire of Ayr, and that half of j 1(584. 

the troop of guards march thither also ; that CHARLES, by the grace of God, king of great 
colonel Graham be ordered to post his OWD i %Sft*Z&S? ***"*" **"** 
troop at Dumfries, or where he thinks most of our privy council, and messengers at arms, 
convenient in that country, and to post the | oul> sheriffs in that part, conjunctly and severally 

cnA/>iQiIir f*rtnet i Mi tu rrvoofinn HV\m*mrttfn oe wo 

two troops of dragoons in the garrisons of 

Kaitloch, Ballagan, Kenmuir, Machrimore, 
or Monigaff; that colonel Graham com- 

specially constitute, greeting. Forasmuch as we, 
considering the frequent rebellions that have 

;ly raised by rebellious and unnatural sub- 
ithin this our ancient kingdom, contrary 

been Intel > 

I "to their native allegiance, to the destruction of our 
mand all the forces m Ayrshire while I government, and the peace and quiet of all our 

there, and having power to quarter them S? d P?P le ?! ld f 6 extravagant and impious 
... /.AIT./, principles, which have been the necessary and 

in the shire of Ayr and Renfrew, or where ; fatal consequences thereupon ensuing, we did, 
most convenient for the king s service ; ! amongst other remedies, ordain these who were 
the houses 

till m-rnthovATi 1m rpjirlv " Mnv fifli tlia i fail and le al opportunities of defending their 
atly. Vlay 5tli, U e own innocence had been offered them . yet many 

convenient for the kino- s service ; amongst other remedies, ordain these who were 

, rti i jj j. \ m arms, and these who had reset them, to be le- 

captam ( leland s troop be put into ga n y cited before O ur justices, to the effect they 

bouses of Covington and Blackwood, might be tried : and notwithstanding that all 

itratliniraT. 1w o,1*r TUo.r RfU +iw I fair and le g al opportunities of defending their 

council "appoint a garrison at Kenmuir, 
and because the lady is to lie in, the soldiers 
are for the time dispersed to Barscob, Water- 

of them being now denounced rebels and fugitives 
from our laws, we are resolved to prosecute them, 
till they be brought to condign punishment ; and 
therefore we have appointed an exact roll of the 

head, Knockgray, and Kaitloch" Other sa d persons, so denounced, tobe printed, requiring 
accounts at this time bear, that the garrisons 

were increased, especially in the south,so that utmost endeavours to apprehend them, as far 

much of Scotland was, as if it had been a j " th .^ r P ower > and to give notice to our next 
, , sheriffs, bailies of baileries and regalities, stew- 

country conquered by an enemy. That j arts of stevvartries, and magistrates of burrows, 
strong garrison at Kaitloch was continued, i and other officers and ministers of our law, and 

two were set up in the parish of Carsphairn, 
another in Lesmahago, and one in Craw- 
ford-muir, besides those at New-mills, and 
several other places. Parties from those 

to the officers of our army, when they know that 
any of them lurk in their bounds: as also, in 
case there be any contained in the said rolls and 
list, that have been denounced through their 
negligence or ignorance, although they have 
subscribed the bond, or taken the test, as was 

garrisons were the great instruments of Prescribed by our former proclamations, there- 
many of the murders in the fields in oold " W6 witl advi e f " r privy counci1 
blood, which now were a beginning; and 
to them likewise the country owed the 
gravaminous searching** at this time so 
common, and continually almost parties 
were traversing from the Waterhead of 
Deug-h. to Lesmahago, or Crawford-muir, 
or down to Newmills, and other places, so 
that the wanderers were very hard put to 
it. Those searches were most uneasy to 
good people through the country in the 
summer, and they were mostly in towns 
and cities in the winter. 

Last year we heard, that the print 
ing the fugitive rolls was delayed from 

5th, the 

tune to time : 
council publish 


and a 


tion before them; I have annexed both 

y or the sa 

and the first of August next ensuing, clear to 
our justices, that they have taken the bond or 
test in due time, to be thereupon relaxed gratis, 
before our justices ; and our justices are hereby 
allowed to desert the diet against them, they 
compearing, and being relaxed, as said is. And 
to the end it may be better cleared who have 
taken the said bond and test, all persons, who 
were commissionate to administrate the same, are 
hereby required and commanded to send in, to 
the clerks of our privy council, the bond and test 

so taken before them, betwixt and the said first 
day of August next, certifying them, if they fail, 
letters of horning shall be direct against them, 
under the signet of our privy council, to that ef 
fect, upon a charge of six days, under the pain or 
rebellion, &c. And to the effect our pleasure in 
the premises may be made known, our will is 
and we charge you straitly, and command, that 
incontinent, these our letters seen, ye pass to the 
market-cross of Edinburgh, and remanent mar 
ket-crosses of the head burghs of the shires of 
this kingdom, and other places needful, and 
there, by open proclamation; make publication of 




great matter upon which they were cited 
who are fug-itated, but it was hut very few 
of them who had heen in the rising 1 , and 
they were only guilty of the alleged reset 

of persons who had heen there ; and 
if the reader look hack on what hath 
been said, he will see, that none iu the west 
or south were free of converse with such 

the premises, that all persons concerned may 
have notice thereof. 

Given under our signet, at Edinburgh, the 
fifth day of May, one thousand six hundred 
eighty and four years, and of our reign 
the thirtieth and sixth year. 
Per actum Domino-rum secreli cnncilii. 
WILT,. PATERSON, Cl. Seer. Concilii. 
God save the King. 

Follows the List of the said Fugitives, to which the 
Proclamation relates. 


John Henrysrm servant in Kinkel 
Mr Arthur Cowpar in Abercromby 
Thomas Abercromby servitor to Alexander Young in 


James Gellie weaver in Falside 
Magnus Gourlie in Over- pratus 
John Duncan in Muircambus-mill 
James Ki tinier, servant to Hackston of Rathillet 
James Stevenson in Cowkecky 
Thomas Miller ia Pitdonnie 

John Brown, servant to Henry Craichin Innerkeithing 
Patrick Robertson in Linkton 
Walter White in Craigow 

Pride in Muircambutf in Samford 
Mr William Reid, a field preacher 
John Scot in Fafield, or Lathons 
Donald Clerk in Inverkeithing 
Robert Bogie in Newbigging 
William Robertson in Kinneuchar 
Thomas Beil in Beilston, tailor in Largo 

Fugitives for reset in Fiferhire. 
John Hederwick tenant to Riras 

Margaret Norie, mother to John Duncan in Muircam bus 
Alexander Young in Muircambus 
Margaret Dennie in Pitdennie 
John Elder shoemaker in Anstmther Easter 
Thomas Bruce webster in Anstruther Wester 
James Finlay in Balchristie 


Alexander Dae in Galloch 
John Flucker in Meikle Tiliry 
John Smith in Tilliwhally 
Walter White in Tiliry 
George Simson there 
Robert Kirk at the mills of Forth 


William Anderson in Abernethie 
George Condie in Forte viot 

John Clarkson son to Andrew Clarkson, portioner of 


Robert Rainie in Falkirk 
Robert Chiesly in Slamanno-moor 
William Sutherland shoemaker in Falkirk 
John Wilson tailor there 
Edward Marshall of Kae-moor 
George Mothrie fiar of Stone-rig 
John Auld portioner of Balmitchel 
John Steel smith in 
Peter Gellies in Walkmill of Woodsida 
John Hastie of Bogohaugh 
Thomas Chiesly in Bogoknows 
James Muir son to Thomas Muir in Morvinside 
Alexander Robertson in Torwood-head 

William Clark in Larbert 
William Young fcuar of Seamores 
John Stark elder of Banknock 

Matthie in Kilmaronock 
Mr Thomas Forrester sometime minister 
Donald Connel in Buchlyvie 
James Ure of Shargarton 

Mr Patrick Rollo in Shargarton, in Kippen pariah 
Andrew Buchanan in Shargarton 
James Forrester son to Robert Forrester there 
Mr John Dougal son to Arthur Dougal in Ardmaovel 
John Maclum in Ardmanvel 
John Meiklehose in the parish thereof 
James Johnston in the said parish 
Robert Wilson in Arnprior-burn 
John Munoch in Arnprior 
George Buchanan in Easter- Carden 
Thomas Miller in Buchlyvie 
John Risk in Killearn 
John Key in Glens 
Thomas Ure in the parish of Balfron 
James Paterson weaver in Balglass 
William Binnie in Balmore in Baldornock 
Humphrey Stevenson in Balglass or Killearn 
William Cunningham younger in Finiiick 
Thomas Brass in New Kilpatrick 
John Hart in Throsk 

James Brown son to James Brown pigmaker there 
Henry Greenlaw mason in Bannockbnrn 
William Thomson schoolmaster at Grange 
Mr Hugli White, brother to Alexander White of Hill 
Patrick Walker in Drumcria 

Alexander Arthur son to George Arthur in Raehiehill 
George Russel in Balcastle 
Thomas Walker there 

James Falconer servitor to Robert Russel in Mill- rig 1 
William and John Flemings in Moorside, or Morvinside 
Lauchlan M Lauchlan in Provanton 
John Leckie servant to John Miller in Bucklair 
James Buchanan servant to Bartholomew Park there 
John Graham in Millguy 
Brice Blair of Finnick 

John Galbraith in Stonehouse, in Larbor parish 
William Thomson there 
Michael Colvil there 
John Risk in Galbraith 
John Johnston in Clochrabrae 
John Paterson in Elphingston 
John Ronald a tenant s son in Touch 
Hugh Montgomery in Jawcraig 
John Paterson in Golden-hove 
Robert Forrester in Shargarton 
William Carrick son to Patrick Carrick in Armore 
Robert Ure in Wester Arngiven 
David Forrester sometime of Culmore, not being David 

Forrester, who is now heritor of Culmore, and 

writer in Edinburgh 

Resetters in the said shire. 
John Stark younger of Banknock 
John Monteith portioner of Seamorea 


James Brownlie feuar in Newton of Cumbernauld 
Robert Allan son to Robert Allan of Waterhoa 
John Balloch in Cumbernauld 
Alexander Arthur there 
James, John, and Goorge Russels sons to John Russe) 

in Garbethilla 


[BOOK 111. 

who were at Bothwell, since good | design of printing the roll, is alleged to be 

numbers of them were never staged to prevent harbouring them, and to stir up 

for some years, and openly frequented all j every body to persecute them. It allows 

ordinary places of public meeting. The such as are wrong insert to the first of 

Donald Bryce in Newton 

John Young weaver in Kildrum 

George Mochrie son to James Mochrie, wad?etter of 
Easter Barloch 

Thomas Smellie in Tarbrax 

James Ker smith in Kirkiutilloch 

John Bryce there 

James Wilson in Kilmaainny 

John Graham in the town of Buchanron in Kilpatiick 

Andrew Campbell mason in Dumbarton 

John Stark younger of Kilermont in Kilpatrick parish 

Rober Balloch in Temple in Barscob 

John Mitchel in Hole 

William Mackay in Newton of Cumbernauld 

John Lcckie in Bucklair in Easter Kilpatrick 

John Maxwell son to John Maxwell of Bogton 

James Maxwell of Williamswood 
John Wallace in Longside 

Robert M Ewen in Cathcart 

John Anderson servitor to John Thomson, tenant to 


William Urie in Bridge-end 

John Dunlop servant to John Mitchell in Longside 
John Mader servitor to John Thomson in Path-head 
Thomas Cock weaver in Longside 
James Greig son to James Greig in Castlemearns 
Alexander Syme in Alas-bridge 
William Jackson in Aidoch 

Stevenson shoemaker at east end of Poogton 

John Jackson in Pollockshaws 

James Shepherd in Longside 

Robert Jackson in Eastwood, in Pollock Max well s land 

Robert Pollock servitor to John Allison in Flender 

William Wilson in the parish of Mearns 

John M Ewen in Eastwood, in Pollock Maxwell s land 

Robert Taylor in Darnlie 

Arthur Cunningham there 

John Stuart in Kennished in Eastwood pariah 

John Gilmour in Mearns parish 

James Murdoch in Kirkton 

John Young there 

Holm son to George Holm, officer to Duchil 

John Laing in Braeside 

John Andrew, son to John Andrew in Torhil, in Kil- 

barchan parish 
Humphrey Atkin in Barmushloch 

Atkin in the hill of Barscob in Erskine parish : 
Robert Fulton in Barrantree 
James Young in Carswell in Neilson parish 
John Govan in Caldwell 
James Spreul in Uplaw 
James Glen heritor in Renfrew 
John Houston there 
Thomas Storie servitor to William Robertson in Walk- 


John Colquhoun in Barskeven 
Cristopher Strang merchant in Paisley 
John Wood in Killellan parish, in Pollock town 
Hugh Love in Middleton in.Lochwinnoch parish 

Stuart his master for resetting him 
James Niven in the Risk 
Robert Orr in Newdykes 
William Scott in Greenock 
James Mowat there 

Mr James Smith in Carsedjke 

Kelso in Greeuock town 
James Love in Burtries 
James Caldwell in Risk 
George Stevenson in Auchinbathie 
James Wallace there 
John Fowlis in Newton of Mearns 
George Pollock in Pollock town 
John Syme in Shavock 

James Rankin brother to John Rankin in Tofts of 


New Monk fund parish. 
John Thomson feuar in Gartqueen 
John Russell portioner of Easttitld, forfeited 
William Craigie in Airdrie mill 

John Thomson son to James Thomson in Airdrie muir 
John Keddar in Airdrie town, now cottar in Rashbush 
Gavin Black in Craigneuk, in Monkland s Ian 
John Thomson in Shiels of Auchingray 
John Gardiner in Gartley, son to John Gardiner there 
Samuel Yuill in Laend 
John Martin in Drumbowie 
John Martin his son 
Patrick Yuill in Brackenhirst, son to Alexander YuiJl 


Thomas Gentles in Habiesdub 
William Ker in Rochsoles, now weaver in Airdrie 
William Waddel in Riding 
Alexander Martin in Overshank 

Russel younger in Meadowhead 
William Dobie webater in Blackbog 
BothweH parish. 

Robert Corse wadsetter in Uddingston 
John Muirhead in Fulzet in Lauchop s land 
James Hamilton of Parkhead, forfeited 
Mr Thomas Hamilton of Reath, forfeited 
John Lawrie son to John Lawrie in Aulderston 
Arthur Cleland in Westfield, in Lauchop s land 
John Buchanan in Sydrig 
Matthew Johnston in Carnbrewhill 
William Nimmock son to James Nimmock, gardener in 


John Lawrie in Leidingston 
William Corsbie in Old-mill 

Old Monkland. 

John, Scott son to John Scott, portioner of Kenmuir 
John Morton in Neuk of Fascan 
Robert W T ark son to John Wark of Rinnis 
Jarces Johnston in Calder parish 
Adam Cullan in Garturk 
John Paton near to Roadfoot 
Christian Johnston, for resetting Matthew Johnston in 


Gavin Witherspoon of Heathryknow, now forfeited 
John Corse in Stanie-rig 
William Nicol in Mill-folds 
James Baird of Dungeon-hill, forfeited 
Thomas Matthie in Barrachrie 
Alexander Crawford in Garturk 
Thomas Donald brother to John Donald smith in Car- 


William Kirkwood in Craehead of Fascan 
John Stirling- in Langline 


John Steel servitor to Andrew Clark in Westernmflat 
John Gilkcrson in Botluvellshields 



August, to get their relaxation gratis, by ( test to that day, if I understand the 
production of evidences of their having ta- proclamation. I make no remarks 
ken the bond or test ; and there seems to | on the rolls ; there are many mistakes in 
be a prorogation of the time for taking the them, but they contain a list of very good 

David Bryce in Auchinlie 

John Kussel in Langbyres 

James Lennox in Hill of Murdiston 

John Forrest in Muirmealing 

David Nevvlands there 

John Inglis in Huntershill, now in Darngavil s Land 

John Brownlie in Windy-edge 

James Miller in Bothwell-shiels 

John Brown in Moft athills, now in Meadow-head 

James Jamie son in Kittarie of Shots 

Gavin Muirhead in Shaws 

James Muirhead in Castle-hill 

James Inglis servant to David Newlands in Meiklehare- 


David Newlands for resetting the said James 
William Allan son to Thomas Allan portioner of For- 


John Watson in Muirhouse of Murdiston 
Alexander Yuill in Brackenherst 
William Calderhead in Windy-edge, for resetting his 


James Whitelaw in 
James Gather in Burn 
John Paterson in Bothwell-shiels 
John Waddel in Bedshaw 
George Leslie in Dunsyston, now in Bedlornie 
Andrew Storie son to Thomas Storie in Peperthill 
Gavin Paterson feuar iu Bothwellshiels 
Alexander Gray son to Alexander Gray in Bowhouse- 


Robert Russel portioner of Windy-edge 
Robert Manwel son to Richard Manwel of Easter-cal- 



Alexander Moffat merchant in Crawford 
Gilbert Watson sometime in Ormingil 
Alexander Thomson servitor to the lady Gilkerscleugh 
John Williamson in Leadhill 
James Muir there 
Mr John Menzies in Wintercleugh 
Gavin Wallace in Leadhill. 
Edward Atkin younger in Abington, in Crawford-John 


James Tod merchant chapman, now in Lanark 
Edward Atkin in Netherton of Crawford-John 
William M Caithness in Gilkerscleugh 
John Thomson in Mosscastle 
John Weir younger in Strangcleugh 


John Haddow heritor in Douglas 
James Wilson in Townhead of Douglas 
Adam Thomson in Madingil 
Matthew Fleming in Douglas 
James White in Scrogtownhead 
Archibald Wilson in Townhead of Douglas 
William Cleland son to Thomas Cleland in Douglas 
Thomas Cleland for reset of his son 
William Robertson in Cotes 
John White in Scrogtownhead 
William Chapman merchant in Sandielands 
Christopher Umphray merchant 
James White son to Andrew White in Dinnan 
James Gilkerson weaver in Rodinhouse 
John Alston in Black wood, mill 
Joseph Thomson in Douglas 
-Adam Hodgean there 


Thomas Steel of Auchlochaa 
James Weir younger of Johns-hill 
David Steel in Cummerhead 
John Steel in Waterhead 
John Meikle in Burtries 
Robert Fleming in Wester-Brackenrig 
John Swan in Broompark 
William Steelin Skellihill 
Thomas White in Stockbridgea 
James White his brother 
John Carscallan in Auchlochan 
Gavin Hamilton in Meadow 
Gavin Weir in Waterside 
Andrew Leiper 
John White in Neuk 

Thomas Weir brother to James Weir in Johns-hill 
James Lawson in Auchnotroch 
John Telfer weaver in Lesmahago 
Thomas Yuil in Newbigging 

David Cleland son to Andrew Cleland in How- mains 
George Young in Auchnotroch 
George Waddel in Lin-mill 
Thomas Brown son to William Brown in Town-foot 

of Auchlochan 
Thomas Weir in Auchlochan 
James Forrest son to John Forrest in Threpwood 
Adam Muir in Crossford 
Thomas Muir servitor to Archibald Forrest at the Boat 


John Muir servitor to John Forrest in Threpwood 
Adam Weir in Crossford 
John Templeton in Threpwood 
John Cleland in Crossford-boat 
John Stobo servitor to Janet Weir in Holmhead 
Matthew Hamilton servitor to Craignethan 
John Harvie in Holm of Carse, beneath Niviland 
Robert Hamilton in Threpwood 
George Jackson in Brackenrig 
James Williamson in Burn 
John Stuart in Underbauk 
Robert Stobo in Draflin 


Robert Atkin merchant in Biggar 
Alexander Smith weaver there 
Thomas Weir in Lammington 
Robert Brown smith in Hillhead of Covington 
Archibald Falconer in Meadow-flat 
James Thomson in Murrays of Tharikerton 
William Scot sometime in Pettinain 
David Johnston in Clowburn 
Thomas Simpson in Mill-hill 

John Liddel in Bitland 
Andrew Gilry in town of Walston 
John Meek in Angelwood 
John Newbigging in Carstairs Town 
Thomas Stark there 

William Pillans in Ryflat in Carstairs parish 
Robert Muir in Netherton of Moss- flat 
Thomas Johnston in Carstairs 
Hugh Somerwell in Quodquhan 
John Walker there 
William Denholm of West-shiels 
Robert and John Alstons son to Thomas Alston to 






people persecuted for conscience ers in the tolbooth, who have been long there 
sake. ! without any probation : Upon their report 

May 17th, the council having- appointed a the council order eight or ten to be liber- 
committee to consider the case of the prison- ate, on promise to keep their parish-church ; 

Andrew Lockhart in Nenuphlar 

Robert Logan son to James Logan litsler in Lanark 

William Scot son to William Scot in Byrehead, now in 


Richard Martin brother to John Martin in Nether-shiel 
James Chalmers in Lanark 
Archibald Simpson there 
James Lockhart in Nemplhar 
Gideon Weir gunsmith in Lanark 
Mr Thomas Pillans there, forfeited 
James Park weaver there 
John Semple mason there 
Thomas Inglis shoemaker there 
John Umphray merchant 
Thomas Henselwood there 
John Howison there 
James Howison weaver there 
John Morison shoemaker there 
William Fergusson heritor in Lanark 
Michael Lamb in Lanark 
Robert Bruce in Nemphlar 


John Gilkerson smith in Over-Kirkton 
William Cadjow portioner of Wester-Cadjow 
William Purdie collier to Sir Daniel Carmichael 
John Cleland portioner of Yuilshiels 
James Gray son to Archibald Gray 
Alexander Hamilton in Langrig 
John Hamilton there 
John Weir tailor in Cumnock 

John Fleming son to Robert Fleming in Fletchergate 
Richard Meikle in Tweedyside 
John Walker in Stonehouse 

James Smellie in Milton of Dalziel, and parish thereof 
James Campbell in Dalziel 

Gavin Jack son to Andrew Jack in Arbles of Dalziel 
Gavin Hamilton in Baron s Mains of Dalziel 


Robert Steel portioner of Stain 
John Stuart in Goukthraple, now in Carnbarns 
Nathanael Brownlie living in .Overton of Cambusne- 


Andrew Cleland in Fimerton 
William Purdie in Overton of Carabusnethan 
John Forrest there 
Gavin Brown there 

James Brownlie servitor to the good wife of Garinhaugh 
Walter Pitcairn younger in Overton 
James Watt there 
Gavin Paterson in Overton 

James Alexander gardener to the laird of Ctiltness 
William Paterson in Murrays 
John Baird in Kirkhill 
William Brown in Towartbush, for reset 
Thomas Steel in Cultness 


James Aikenhead in Kittochside 
John Reid in Drips 

Robert Lawson son to John Lawson in Clochairn 
George Jackson servitor to James Young in Kittochside 
James Young in Kittochside, for resetting him 
James Mochlan sonto Hugh Mochlan in Filshil-mill 
John Watt tailor in Kilbride 
William Smith in Ardochrig 
John Jackson in Airdston. tenant to William Luke 

James Wilson in Hill of Drips 

Andrew Struthers son to James Struthers in Skioth 

John Fleming in Alehouse 

William Fleming in Burnhouse 

John Hamilton in Milton of Kilbride, called meikle 


William Armour in Allarton 
James Strang in Lickprevik 
Robert Granger in Nether-mains 
John Howie in Woodneuk, or Woodside 
Gavin Clark in Kittochside 

Andrew Young in Kirkton of Kilbride, or Castletown 
James Alexander sometime in Kirkton of Kilbride, now 

in Greenlaw 

John Bawdie younger in Newlands 
David Threpland in Peil, now in Filslu lmill 
John Struthers in Millhouse 
Alexander Dalgleish in Lickprevik 
John Lindsay son to Archibald Lindsay in CJocluurn 
Archibald Lindsay there, for resetting him 
John Bryce son to Andrew Bryce 
Robert Wark or Warnock in Thornton 
John Reid in Stainyside 
John Craig son to Thomas Craig in Thorn 
Mungo Cochran in Kittochside of Kilbride 
John Strang in Corshill 
James Strang his brother 
William Park in Raehead, not being William Park of 

Larefad, who is assoilied by an assize 

Thomsons sons to Gabriel Thomson in Haremire 
Andrew Young in Kittochside 
John Granger in Flaikfield 
William Thomson in Cleirand 
Gavin Filshil in Busbie 
John Watt in Flaikfield 
John Marshal in Cleddans 
Andrew Leper there 
John Fleming cordiner 

James Alexander son to Robert Alexander in GrcenhilU 
James Craig in Allarton 
Robert Reid in Jackton 
John Arbuckle in Bogton 
Andrew Thomson in 

Pollock son to David Pollock in Murray-hill 
John Wilson in Highflet 
John Hamilton in Rogerton 

Craig son to James Craig in Mains 
John Miller in Long-Calderwood 
James Park in Brisbea 
John Lindsay in Kirkton 
James Granger in Flaikfield 
William Hamilton in Broomfield 
William Paterson in Huntlirig 

Baird son to William Baird in Corss 
James Barrie brother to John Barrie younger in New. 

Thomas Davidson in Shiels of Kilbride 


James Paterson maltman in Hamilton 
Thomas Brown younger shoemaker there 
John Bell son to William Bell weaver there 
John Atkin shoemaker there 
John Paterson weaver there 
David Crawford tobacco-cutter 
James Tacket in Brimleton 


they were poor country people, who had remit George Hutchison of Harelaw, 
nothing to maintain themselves, and had and George Jackson, to the justices, 
been imprisoned for reset and noncompear- 
and would not take the test. " But 


and continue their proceedings against 
David M Livie tailor ; John Hodge sword- 

Robert Semple in Kilhill 
Gavin Burn indvveller in Hamilton 
Archibald Reid in Castleton 

Thomson in Gallowhill 
Matthew Park in Muirside 
George Park his brother 
Robert Ker in Bouse 

"William Smith son to Robert Smith in "Waterside 
James Parker in Busbie 
John Stainly there. 

Andrew Reid servitor to Robert Smith at Blantyre kirk 


William Riddel feuar in Rutherglen 
George Muir there 
George Scot there 

Miller son to Gavin Miller in Bank 
James Johnston in Gartushen in Calder Parish 
John Murray in Ballachnay, in East-Monklancl Parish 
John Donaldson portioner of Auchinloch 


Andrew Paterson younger in Dalserf 
Robert Hastie in Dalbeg 
John and Gavin Watsons in Over-Dalserf 
Gavin Hamilton in Greenhill 

James Pinkarton son to Robert Pinkarton in Carsulloch 
James Shirrelaw son to James Shirrelaw in Dalserf 
James Coupar in Overton of Dalserf 
John Coupar in Dalserf 

John Muir servitor to John Coupar in Overton 
John Paterson tailor in Dalserf 
Thomas Summer in Over-Dalserf 
John Prentice in Howlathole 
Thomas Stuart of Cultness 


John Blair tanner in Glasgow 
John Urie maltman in Bridgegate of Glasgow 
Patrick Urie cooper there 
John Robertson cooper there 
James Cunningham merchant in the Bridgegate 
James Cunningham younger, merchant 
James Hamilton weaver within the Stable-green-port 
Robert Goodwin maltman 

Roderick Macdonald shop-keeper in the Saltmarket 
Robert Miller skinner at the Bridgegate 
Richard Ronald cooper 
Robert Rae weaver 
John Bogle pewterer in Glasgow 
Neil Aikenhead in Shettleston, in the Barony 
Alexander Stuart in New-meal-market 
John Hodge armourer 
James Mackintosh merchant in Glasgow 

Scot son to John Scot in Muirside 
John Scot in Muirside, for resetting his son 
Mr Walter Marshal 

William Smith son to James Smith cooper 
John Mitchel tailor in Glasgow 
Charles Watson there 
John Aird merchant there 
John Baird merchant 
John Buchanan maltman 
Matthew Pollock tailor 
William Baird cordiner 
John Giliillan cordiner 
Alexander Peacock, for resetting him 

Robert Graham cordiner 

Robert Smith cordiner 

James Scot weaver in Gorbals 

John Finnison in Rothsay, in the Barony 

Thomas Bogle merchant in Glasgow 

James Colquhoun corporal 

William Smith son to Smith water-bailie in 


Provan or Govan. 
\ John Finnison elder in Gantcraig 
I Alexander and Peter Finnisons Ms sons 
| James Watson son to Margaret Rainie in Wester-con- 

John Govan younger, portioner of Shettleston 

James Logan tenant to Robert Wallcnce in Hillhead 

John Baxters elder and younger, tenants to Robert 


John Baird son to James Baird in Meikle-Govan 

Robert Baird his brother 

James Baird in Meikle-Govan, for resetting his son 

John Muir in Muir of Gorbals 

Shiels son to John Shiels in Muir 

John Shiels in Muir, for reset 

John Cumming weaver in GorbaJs 

Thomas Urie in Little Govan 

Robert Muir in Titwood 

Robert Thorn in Little- Go van 

Evandale Parish. 

Mr John Rob son to Andrew Rob in Walsley 

John Lickprevik son to John Lickprevik in Strathaven 

James Lawson younger there 

Gavin Alison son to Gavin Alison in Crewburn 

John Inglis weaver in Strathaven 

Andrew Dykes in Linbank, not being Andrew Dykes 
in St Bryile s Chapel 

Thomas Brownlie portioner of Torfoot 

Captain Thomas Young tailor in Strathaven 

James P ram weaver there 

John Cochran in Chapel 

Alexander Craig maltman in Strathaven 

George Arkil 

John Brownlie son to Thomas Brownlie in Strathaven 

Thomas Brownlie for resetting his son 

William Miller maltman in Netherfield 

William Cochran in Crewburn, now in Glassford 

John Steel younger in Castlebroket 

Thomas Watson weaver in Little-kyp, now in Yard, 

Thomas Craig in Craigmuir 

James Willock younger in Glengival 

William Willock servitor to John Peacock in Craigbridge - 


I John Peacock there, for resetting him 
| John Cochran son to James Cocbran in Barnhill 

William Cochran in Cairnduff 

Mango Dykes in Kirkwood 

William Falla litster in Strathaven 

The Persons following, being continued from the G?<tf>- 
gow Circuit to Edinburgh, are Fugitives for not 
compearing there. 

William Thomson Procurator in Lanark 

Gideon Crawford merchant in Biggar 

James Muirhead younger in Lanark 

James Thomson in Harestocks 

John Browning there 





slipper in Glasgow, Archibald Shiels, 
84 James Gray of Chryston, Mr Wil 
liam Wishart, William Scot in Libberton, 
are continued until the council further 

John Scot in Cieddans 

John Simpson maltman in Glasgow 

Archibald Scot smith in Gorbals 

John Marshal of Chapel 

John Forrest in Threp\vood 

John Marshal in Kilsyth 

David Gilkerkson tenant to Mauldslio, not being David 
Gilkerson in Bowman-hirst 

Thomas Allan portioner of Forrestburn 

John Nasmith, called Baron-john 

Umplirey Stevenson in Killearn 

Gakton Parish. 

John Campbell in Auchinruglen 

James Lambie in Lady-brow 

Andrew Smith smith in Galston 

Mr Matthew Campbell of Waterhouse, forfeited 

James Meikle in Auchinbat 

Michael Finlay in Newton 

John Lambie son to George Lambie of Crofthead 

John Browning younger in Riccarton 

William Gilmour in Galston 

Mr James Brown late chaplain to Cesnock 

Hugh Rainie barrowman to Sornbeg 

William Craig tenant there 

John Miller tenant there 

Thomas Lambie in Langside 

James Smith in Threpwood 

James Dunlop late servant to Waterhouse now in 

Robert Mitchel of Barleitch 

James Lambie elder in Lady-brow, for reset 

William Wallace in Millrig 

Thomas Gebbie in Newton 


William Dripps in Nether-hillar 

John Gibson in Mid-hillar 

Alexander Pedin in Blocklerdyke 

John Pedin portioner of 

William Donald heritor of Carleith 

James Simpson younger in Blackside 

John Paterson of Daldillan, forfeited 

Robert Leper in Sorn 

Alexander Corbet servant to Robert Henry in Burn- 

Alexander Jamieson servitor to Matthew Alexander in 

Andrew Wylie of Logan 

John Lindsay younger of Long-dyke-hill 

Richard Walker smith in Barehouse 

Adam Reid in Mauchlin 

John Macgavin tenant to Kinzeancleugh 

Jaraes Fisher there 

William Macgavin smith in the Haugh 

John Mitchel of Breichead, or Bogwood 

John Henry servant to John Pedin in Meadowhead 

William Adam servant to John Alexander in Crofthead 

William Anderson servant to Smiddishaw 

John Mitchel servant to William Mitchel in the Hill- 
head of Gilmour-croft 

William Dunbar servant to Robert Farquhar of Cath- 


William White there 
Robert Pedin son to Hugh Pedin in Walk Mill of Sorn 

Pedin also his son 
George Wylie in Daldillan 

consider their condition. The committee 
for public affairs, May 22d, find, that some 
of the rebels who have neither taken the 
bond or test, and have been made use of by 

Andrew Niven in Dalgain 

Matthew Anderson servant to William Ross in Hillar 

John Law son to John Law portioner of Barneight 

John Muir portioner of Hole-house 

John Mitchel of Bogwond 

John Semple factor to Barskimming 

John Marshal feuar in Mauchlin 

James Millar in Haugh 

James Mitchel in the Aird 

Robert Mackirrow son to Robert Mackirrow in Little. 


William Hunter in Blocklerdyku 
Adam Wilson in Sorn 
John Mitchel cordiner in Whitehill 


William Campbell son to William Campbell of Shaw 
James Aird son to James Aird in Greenock town 
John Brown of Priestfield, for reset 
John Campbell brother to Wellwood 
John Paterson in Muirkirk parish 
John Campbell of Alehouse-burn 
James Edward son to Thomas Edward portioner of 

John Reid in Dalfram 


John Sloas portioner of Dalharfrow 
Robert Dun in Bewwhat 
Roger Dun there 

Gilbert Macadam portioner of Dahvhat 
John Dick in Benbain 
Quintin Dick there 
Hugh Cameron in Dalmellington 
John Cameron there 
William Cameron there 
David Macadam in Town-head 
James Macleir in Chamberstoo 
Andrew Mactagat in Dalmellington 
John Macmeiking there 
Walter Hunter younger there 
Thomas Muir in Craigmat 

James Dick servant to John Cunningham io Keirhill 
John Miller in Keirhill 
David Wallat in Dalmellington 
Adam Allan in Keirhill 


Charles Colvil younger in Townhead 
James Johnston son to John Johnston there 
David Dun in Closs 
William Symonton in Butts 
Mr William Gilchristson to the schoolmaster in Ochiltree 


Mr John Halbert in Cumnock, forfeited 
James Mitchell cordiner there 

Crichton in Craigman, son to Robert Crichton 

Patrick Gemmil at the old Castle of Cumnock 
William Stillie there 
John Reid in 

Alexander Stillie in Townhead of Curanock 
John Tennant at the old Castle of Cumnock 
James Dalziel near the Kirk of Cumnock 
John Wood son to Hugh Wood in Lowis 
William Lambie in Polquhays 
James Steel tenant to Carleton 
George Gemmil in Minaucht 
Greig there 



the laird of Meldrum, and some others hav- ] and the justices proceed against them 



ing- commission, to discover rebels, do think with all speed." This is the reward 

it fit, in regard they are under process, and j some of those, who were useful to Meldrum 

so not bailable, that they be put in prison, j and others in their oppression, got, and 

Robert Murdoch in Knockmarnock, tenant to Drumsuy 

John Mackechan in Auchingibbet 

James Wilson at the old Castle of Cumnock 

William Skilling in Pablow 

John Campbell in Townhead of Cumnock 


"William Mitchell of Glenmuirhall 
John Mudie in Cubs-mill 
James Sampson in Haplane. 
George Templeton in Dustou 
John Mudie in Auchinleck 
David Mudie in Cubs-mill, for reset 
Thomas Campbell in Hole 
Andrew Richmond in Waterside. 
David Paton younger in Martnam 

St Quivox. 

John Watt servant to John Logan gardener in Millholm 
Speir servant to Alexander Arneil cordiner 

Adam Morton in Shiels 
John Bon in Millholin 
Thomas Bon there 


James Bell in Cairnhill 
Daniel Wood there 
James Gotrie there 
Thomas Gemmil in Carngil 
John Mougersland now in Riccarton 
John Macskimming in Town-end of Adamhill 
Robert Stevenson in Carnhill 
Robert Goodie in Moss-side 

Cult on. 
Robert Murray in Knockmurran. 


Robert Hunter in Faill 
William Purdie in Spittleside, or Cocks-well 
Adam Livingstone in Spittleside 
Charles Humphrey in Tarshaw 
Moses Walker in Broom-hill 
John Humphrey son to Charles Humphrey in Tarshaw 


John Henrysori in Newton of Ayr 
William Wilson in Preslick. 


Allan Bowie portioner of Drumley 
James Ritchie there 
William Humphrey in Cairngillan 
Robert Hunter there 
John Tunnock in Wellflat 
John Wilson in Out-mains 
John Harvey in Overton 
Alexander Harvey there 
Patrick Dalrymple in Templand-burn 
William Humphrey in Walston 
Adam Humphrey in Halrig 
John Humphrey in Birks 
William Hunter in Clum 
Matthew Hood in Tarbolton 
William Spier son to John Spier officer in Overton 
Thomas Spier there 
Hugh Atkiu in Adam-croft 
James Atkin there 
John Brakenrig tailor in Tarbolton 
JohnDunbarin Auchinweik 
John Campbell in Yate 

James Templeton in 
j John Hunter in Langlands 
j John Kirkland cordiner in Burnhouse. 
John Humphrey there 
Adam Humphrey there 
Robert Walker tailor in Tarbolton 
Gilbert Wilson in Path-head of Enterkin 
William Campbell in Boghead 
John Ferguson in the mains of Enterkin 
William Brackenrig in Shakethill 
Hugh Fleming there 
Adam Wilson in Alton-burn 
William Dunbar weaver in Tarbolton 
John Jamieson son to Andrew Jamieson in Enterkin. 
William Roxburgh in Tarbolton parish 
John Hunter in Blackhill 
William Ingrham in Cairngillan 

James Spier in Wraes 
John and James Hillhouses sons to John Hillhotise in 


Alexander Shaw servant to John Shaw in Mosshead 
William Andrew coachman to Robertland younger 
William Ross servant to Hugh Ross in Burnfoot 
George Wilson servant to Adam Allan in Boghousu 

Town of Ayr, and parish of Alltiff. 
John Mitchel in Ayr 
James Richard cooper there 
John Paterson in Alloa 
Thomas Donaldson in Ayr 
John Martin merchant in Ayr 
Alexander Macculloch merchant there 


Robert Fulton in Dundonald 
John Learmont in Corsbie 
Thomas Roadman in Dreghorn, now in Kilmaurs 

David Wallace in Waxford 

Siller in Whitehill, brother to David Siller in 


John Crawford in Symington 
Hugh Crawford 


John Nisbet in Hardhill 
John Woodburn in the mains of Loudon 
George Woodburn there 
Robert Woodburn there 
William Woodburn there 
William Smith there, servant 
Hugh Nisbet son to the said John Nisbet 
James Nisbet in Highside 
Thomas Donald servant to Alexander Nisbet in Kua- 


Peter Aird in Crimnan 
John Leitch shoemaker in Newmills 
John Richmond younger of Know 
James Brown, called Breichburn in Newmills 
John Campbell in Loudon-byres, alias Bolt-foot, officer 

to the earl of Loudon 
James Campbell in Heads 
James Reid in Meadow-head 
William Lambie in Hareshaw 
John Cock p3rtioner of Loudon-hill 
John Napier Cooper in Newmills 
Thomas Wood in Windshiels 
John Thomson in Fouipaple 



readily, however the treason for a mous conventicle at the Black-loch broke 

season was encouraged, yet the trai 
tors were hated. 

Towards the beginning of June, the fa- 

out, which being the occasion of much 
trouble to many gentlemen and ministers, I 
shall give what I meet with thereanent in 

John Brown in CraeJand 

Robert Rainie in Loudon 

Robert Brown in Crosshouse 

Andrew Aird in Auldton 

William White in Craigends 

John Wood in Newmills or Guilfoot 

Robert Smith younger in Loudon-hill 

Patrick Murdoch in Loudoa 

John Stuart in Loudon-byres 

Robert Black servitor to Hugh Alexander in Broadlie 

John Wylie in Loudon 

Matthew Geminil there 

Thomas Douglas there 

John Nisbet there 

James Hamilton in Crae-lie 

Michael Torrence in Habtou 

Robert Craig in Dykes 

Thomas Cameron in Muirhead 

George Spence in Mains 

John Campbell in Overmuir 

Robert Montgomery in Mill of Newmills 

John Gilbert in Mains of Loudon 

Archibald Jamieson in Newtack 

George Nimmo in Loudon-hill 

i Fen wick. 

Robert W T allace servant to John Hall in Glaasel 
John Miller portioner of Raithmuir 
James Lindsay in Glerfin 
Thomas Lindsay his son 

Alexander Dunlop a servant in Warnockland 
Robert Lauchlan in Femvick 
Andrew Geminil in Bembreich 
John Gemmil in Nether-arnes 
John Geminil in Longdyke 

Howie tenant in Lochgoin 
Howie there 

John White in Hareshaw-hill 
James Kirkland in Gedrham 
James Wallace son to James Wallace in Gree 
William Currie wright in Gree 
William Smith in Warnockland, not being William 

Smith in Kilmaurs 

William Ferguson a servant in Rowallan s land 
William Wylie in Shisland 
William Wylie his son 


John Finlay in Burnhouses 
William Monkland in Walston 
James Brown glover in Kilmarnock 
Alexander Murkland bonnet-maker there 
Hugh Dickie servant to John Dickie in Crooked-holm 


Andrew Wallace in Kilmarnock 
John Gemmil in Netherblackwood 
John Brown in Castlehill for reset 
Gavin Dunlop in Holms 
John Gemmil younger in Muirhouse 
John Atkin weaver in Bonnington 
James Patrick in Wardlaw 
John Wright in Crooked-hohn 
William Wylie in Little Blackwood, or Groudar 
John Connel in Monkland-mains 
John Craig in Gleb-lands 


James Smith at the kirk of Stewarton 
Edward Smith in Chapclton 

William Gait at the walk-mill of Wark 

John Gait in Gateside 

John Longmuir in Lochrig 

James Johnston cooper at the kirk 

Matthew Barclay in Babroch-hill 

Hugh Dunlop in Kirkford 

Hugh Watt in Stewarton 


John Miller in Kilmaurs 

Thomas Rainie in Dalmusterlock 

Hugh Garvin in Knockintibber 

Robert Rainie in Fenwick 

Thomas Gibson in 

Hugh Stevenson in Knockintibber 

Alexander Armour there 

Adam Biggar in 

Robert Smith in Kilmaurs 

John Kirkland in Dalmusterlock 

George King miller in Aiket 

John Howie son to John Howie there 

Robert Weir servitor to Neil Alexander in Dunlop 

Robert Johnston in Peacockbank 

Robert Fergushill notar in Kilwinning 

Robert Guililand in the parish of Kilwinning 

William Wilson in Kilwinning 

Town and parish of Irvine. 

Thomas Bryce in Irvine 

William Miller tailor there 

Alexander Stevenson there 

William Macleish sailor there 

Robert Gardiner smith in Irvine 

William Logan shoemaker there 

John Madellan in Stevenson town 

Thomas Frow in Kilbride 

James Losk there 

John Losk in Laigh-ground 

James Boyd in Kilbride 

Largs parish. 

James Crawford in Kelburn. 

William Gald servitor to Alexander Thomson walker 
in Largs 

William Ross in Largs, formerly in Fenwick parish 


Commonel parish. 

| John Macmeiken of Kill St Ninian forfeited 
I Gilbert Eccles in Kildonan s land 

Alexander Gordon in Lein/ie of Kildonan 

Gilbert Mackilwraith in Dalwharroeh 

John Macneish son to Gilbert Macneish in Farden 
Macneish his brother 

Alexander Maclemont weaver in Barbee 

Thomas Inglis younger in Knockbreck 

James Macalexander son to the laird of Corsclays 

John Macilvecock in Hirkhill 

i James Macneilly of Auchairn 

Matthew Richmond in Ballantree 

I James Rowan in Hardlagan 

i Thomas Mackissoch in Softlagan 

; William Rowan brother to Robert Rowan in Fordhouse 

i David Rowan in Smierton 

| Hugh Macilwraith of Auchinfiour 



the registers. Conventicles now were very 
rare, and the managers make as great a 
bustle anent this, as if the whole country 

affairs, who now have much of the 
council business among their hands, 
meet June 10th. That day they have in- 

had been up. The committee for public formation, that on the 8th of June, a con- 

Andrew Macgill son to John Macgill in Arietclyoch 

Thomas Maclung in Balnoular 

William Macmeiking servitor to James Mackrerie in 

Craig in Glenap 

Arthur Maciemont in Shallochan 
Robert Rowan in Fordhouse 
Finlay Rowan in Smierton 


John Logic in Milton of Assil 
John Kessan in Girvan 
John Macilvvraith in Dinvin 
James Ferguson in Mill of Assil, for reset 
William Lemond in Pound-land 
Maclarchan son to Andrew Madarchan officer 

in Bargeny 
David Kennedy son to John Kennedy in Currow of 


John Semple in Eldingston 
John Stevenson younger in Cambregan 
Thomas German there 
Thomas Maccubin in Blair 

John Macalexander younger of Dumodnin, forfeited 
Gilbert German weaver in Dumochrin 
Hugh Purdin miller in Dumochrin 
John Bryce in Drumillan 


James Macjarrow in Shang 
George Maclure of Bennan 
John Marjarrow of Pengeroch forfeited 
Gilbert Macilvvraith of Dumorchie 
William Mackenna in Holm of Landoohty 
William Macilveyand in Merkland 
John Muir in Shang 
John Macalexander in Doularg 
William Kessan at Barr 
Robert Caldvvell in Bellimore 


John Muir tailor in Straiton 
John Aiton in Binnan 
Allan Carrie in Largs 
William Carrie there 
John Macgyalloch in Clattie 
Hugh Macgyalloch there 
Thomas Machaffie in Larg 
James Sinclair in Bennen 
William Logie in Straiton 

John Kennedy brother to William Kennedy there 
Thomas M Tyer in Bishop-land 
Andrew M Tyer there 
Robert Graham in Glenhead 
John Muir in Auchinroy, son to David Muir there 
George Thomson in Overgrimat 

William Macadam son to Quintin Macadam in Glenhead 
Alexander Brackenrig tailor in Straiton parish 
Thomas Black in Brockloch 


David Campbell in Dinein 
Hugh Mar in the barony of Greenan 


Matthew Donald in Arleffin 
James Dykes gardener in Thomaston 
John Macilwraith in Farden 

James Boyd weaver in Mounthilar, in Galston parish 
David Reid in Barneight, in Mauchlin parish 
John Mitchel in Dalgain, late servant to the lord Bar- 


Robert M Gavin in Cumnock 

Macjarrow of Alti-albany 
William Campbell in Townhead of Cumnock 
James Boyle servant to John Crawford now a chapman 

in the said parish 

William Aird in Duncanzemar, in the said parish 
John Stuart in Shaw- wood, not Shaw- wood in St 

Quivox parish 

George Wilson piper in Whitehill, in Tarbolton parish 
John Gray in Sandgate, in the said parish 
John Gray in Tarbolton 
William Ingram there 

David Chartres merchant in Townhead of Ayr 
Richard Riddel in Ayr 

James Henry in Powkelly, in Fen wick parish 
John Harper in A mess, in the said parish 
John Arnot in Hareshawhill 
Alexander Cameron younger in Hill of Powkelly, 

parish foresaid 

William Henry in the said parish 
James Gemmil tailor in Mains, in Kilmarnock parish 
John Anderson servant to Matthew Patou in Rushaw, 

in the said parish 
Brown son to John Brown in Castlehill, in the 

raid parish 
John Bicket son to David Bicket in Bonnington, in the 

said parish 

Andrew Warnock in Irvine 
Mr John Cunningham a vagrant preacher 
John Gray in Irvine 

Gray his brother-in-law 
John Gray servant to Bedland 
John Garvin in Irvine 
John Maclean in Dobiston, in Dalley parish 
Thomas Mackskimming in Auchneicht, in the said parish 
William Mackena servitor to Mr Fergus Macalexander 

in Barr parish, not being William Mackena in Bar, 

who hath tested 

John Maclerny in Milton, in the said parish 
William Maclean in Alti-albany, in the said parish 
John Macnabin in Auchinsoul 

David Macquarter in Auchnaroch, in Kirkmichael parish 
William Thomson in Drummore, in the said parish 
John Smith in Drumlash, in the said parish 

Lockhart son to David Lockhart in Craiiew, 

parish foresaid 
John Bryce servant to Drumellan younger, parish 


Thomas Gottrie in Cairnhill, parish foresaid 
Robert Macferries in Macarlagton, parish foresaid 
John Macquarter in Drumhill, parish foresaid 
William Dunn servant in Balsagart, parish foresaid 
The persons following were continued from the circuit, 
to a diet at Edinburgh^ and are fugitives for not 
compearing there. 
James Paterson in Ayr 
James Ferguson in Ashlie-mill 
John Aird in Auchinlochat 
William Mitchel in Creoch 
John Hood in Tarbolton 
| David Gemmil in Horse-hill 
; William Gibson meal-maker, lately in Cotestraw 
j William Macneilly son to Alexander Macneilly now in 

Mains of Arstinchil 
John Arthur in Borland 
John Howie in Craich-head 
{ John Wilson in Saltcoats, in Ardrostan parish 


[BOOK 111- 

venticle was designed at Black-loch, 

where an hundred men were said to 

be in arras together ; that a party of soldiers 

were sent out under colonel Windram, who 

Wig ton. 

Thomas Macneilly in Portpatrick parish 
James Semple there 

Andrew Martin of Little Aries, forfeited 
William Kennedy in Barnkirk 

James Stuart son to Archibald Stuart in Causey-end 
Patrick Vause in Mochrum parish 
John Hay brother to Aryallaud 
James Macyacky in Kenmuir 
William Macj arrow servant to Culvennan 
Georg-e Stroyen in Kirko\van parish 
Archibald Stuart in Causey-end. 
Alexander Clingen in Kilellan 
Alexander Hunter of Culwhassen, forfeited 
James Soffley merchant in Wigton 
James Martison in Glenapil, in Peningham parish 
John Hannay at the mill of Peningham 
John Martison in Glenmougil, in the said parish 
Hugh Macdoual weaver in Wigton 
James Cairns in Peningham parish 
John Maclurg smith in Monnigaff 
Patrick Murdoch of that ilk 
Patrick Dunbar younger of Machrimore 
William Stuart son to Stuart wadsetter of Larg 

Anthony Stuart his son 
Stuart his son 

Michael Mactagart liferenter in Glassock 
Mr William Hay brother to the laird of Aryalland 
John Mackilhafry in Craichley s Land 
James Macyacky there 
W T illiam Wilson in Stranraer 
William Tarbran late bailie there 
Joseph Macdoual servitor to Sir David Dunbar of Bal- 


Alexander Hay of Aryalland 
Alexander Maclellan in Carse of Bultersan 
Stewartry of Kirkcudbright. 
Adam Smart in Kirkcudbright 
Samuel Gelly gardener there 
Samuel Campbell weaver there 
Jo m Heuchan 

James Robertson merchant there 
Alexander Mackean tailor there 
Thomas Pauliii there 
Adam Macwhan there 
Gabriel Hamilton there 
John Clark there 
Alexander Morton there 
Robert Grier in Locliinkit 
James Mackartney flesher in Kirkcudbright 
William Kevan in Stockin 

Neilson younger of Corsack 
Samuel Parker chapman in Twmham palish 
Alexander Birnie in Colkegrie 
William Halliday in Glencape 
James Macgowan in Auchingask 

Martin in Kirchrist 
David Braidson in Quarters 
Thomas Sprout in Over-bar-chapel 

Halloun in Lairmanoch 
Robert Cadjow in Craig 
Hugh Mitchelson 

Alexander Campbell weaver, sometime in Uroch 
John Chartres in Tongland 

Welsh of Scar 

traced them out, and pursued, but did not 
overtake them. He came to the Muir- 
head, and traced them to Cambusnethan 
church, and thence to the ford of Clyde, 

Alexander Campbell miller, sometime in Uroch 

James Durham in Edgarton 

Anthony Macmillan in Stonebrae 

John Ras in Slachgarrie 

Richard Machesny in Moit 

John Carsey in Blackmire 
j Archibald Machesny in Balhassie 

James Macdoual servitor to Henry M Culloch of Bar- 

John Auchinleck son to John Auchiuleck elder in Bal- 

Robert Miller in Laigh Risco 

Alexander Dugalston in Lagan 

David M Culloch son to the laird of Ardwel 

Gilbert Gie in Marshalton 

John Campbell in Marbrack 

Alexander Porter in Lag 

John Colton in Nether-third 

George Campbell in Aresalloch 

David Canon in Firmaston 

John Gordon elder in Garyhorn 

John M Call weaver in Craigiricar 

John Macmillan sometime servitor to James Ferguson 
in Trostau 

Fergus Grier in Brigmoor 

James Macmillan in Glenlie 

John Macmillan in Strangassie . 
j James Gordon in Largmore 

Henry Gordon in Lochsprey 

Andrew Macmillan servant to New-galloway 

John Crawford apothecary there 

William Dempster in Armancandie 

Thomas Murdoch in Barnsalloch 

John Tait tailor in Barmaclellan 

Alexander Mein in Armancaiide 

James Hook in Holm 

James Halliday in Fell 

William Macmillan in Aresalloch 

David Mackile in Dalshangan 

James Clark in Marbrack 

Gilbert Macadam in Craigingilton 

William Grier servitor to Marian Welsh in Glenhill 

James Anderson in Shalloch 

John Wright there 

James Currie in the Glen 

John Maclachrie in Larg 

John Macj ore in Keirland 

Edward Gordon in Blacke 

John Hannay at the bridge-end of Dumfries 

John M Gee there 

Roger Macnaught in Newton of Galloway 

Mr William Gilchrist, 

Mr James Welsh, 

Mr John Hepburn, 

Mr James Guthrie, 

Mr John Forrester, 

Mr Lennox, 

Mr Thomas Wilkie, 

Mr Thomas Vernor, 

Andrew Macmillan who haunts at Monuigaff 

William Schaw in the parish of Burgue 

Mactagart sometime in the said parish 

Robert Gordon in Kilmair 

John Gourley in Mondrogat 




and that about fourscore men and twenty 
women kept together all the Sabbath. 
June 12th the committee send out orders to 
General Dalziel, at this time in the west 

country, to examine Gavin Lawrie 
in Redmire, James Stuart of Hart- 1( 
wood, and 

James Walker of Roscnall 
to Duke Hamilton. That 

Robert Cochran, } who haunted in Tongland parish 
William Macraillan in Bredenoch 

Livingstone of Quintinespy 
Gilbert Caddel in Borgue parish 
John Richardson there 
John Bryce there 
William M Gavin there 
William Campbell there 
Walter and Gilbert M Gee there 
James Robertson there 
John Clinton there 

Crichton son to Robert Cric-hton in Auchin- 

Macmillan son to John Macmillan in Glenlie 

Macmillanin Greenan 

Gibson son to Robert Gibson in Overstrang- 
Gilbert M Ewen in Carsferry 

Fugitives for reset and harbour 
James Mac-naught in Newton of Galloway 

Gordon of Garrary 

William M Call in Holin of Daltanachan 
John Hook in Holm 
Robert Hillovv in Hillowton 
Andrew Crock in Iron-crogo 
John Macmin in Fuffock 
William Raffil in Iron-ambrie 

Macjore in Kirkland 

John Herron sometime in Earlston, now in Hardland 
John Barber eJder in Over-Barley 
John Barber younger there 
John Barber in Nether-Barley 
James Girran in Clachan 
James Macadam there 
Alexander Gourley in Greenan-mill 
James Macmichael in Clachan 
George Douglas there 
Edward Ferguson in Auchinshinoch 
John Corsan there 
Robert Grier in Reglen 
William Edgar of Gordonstou 
George Macmichael in Carskep 
John Macmillan of Iron-daroch 
Andrew Wilson in Black-craig 
Robert Macmichael in Craiglour 
Alexander Macmillan in Glenrie 
John Brown in Nether-strangassel 
John Macchesny in Hole 
Robert Gordon in Clachan 
Alexander Gordon there 
John Macmillan in Glenlie 
William Houston in Blareny 
John Geddes in Bartagart 
James Mulliken in Knocknoon 
John Mulliken in Barscob 
Samuel Cannon in Barnsalloch 
Mr William Macmillan of Caldow 
Robert Gaa in Knocklie 
James Garmorie in Armanady 
Robert Mackartnie in Quintinespy 
James Edgar in Drumakelly 
John Grier of Blackmark 
William Stuart, "} 

I atrick Macjore, J 
Gilbert Welsh in Bank 

both in Crofts 

James Turner in Auchingibbet 

John Collin in Auchingibbet 

James Garmarie in the parish of Corsmichael 

John Garmorie in Trouden 

John Graham in Chapelearn 

Thomas and Robert Grahams in Ernefilian 

John Gelly in Iron-crogo 

Jo!m Clark in Drum 

John Auchinleck in Dalgredan 

Robert Crichton in Auchinshinoch 

John Hislop in Midairds 

John Macmillan in Dunveoch 

Follow the Women who are fugitives for reset, 
Marian Welsh in Glenhill 
Grizel Richardson in Arnworth 
Margaret Gordon in Mayfield 
Elspeth Anderson in Shaw-head 

Rebecca Macmichael at the Dairy parish 
Margaret Tod in Clachan 
Bessie Gordon there 
Jean Thomson at the Bridge of Orr 
Grizel Fullarton good-wife of Balmagan 
Grizel Gordon in Over- Ard well, in Anworth 

Gordon widow in Gleulie 
Mary Chalmers liferentrix of Clairbrand. 

John Welsh in Drumjowan 

Roger Macnaught in Newton of Kells 

Gilbert M Ewen in Carsfairy 

William M Call in Clachan 

James Chapman there 

John Struthers in Monnigaff 

Robert Gaa smith in Clachan 

Henry Gordon in Dundeuch 

Alexander Corsan in Newton of Kells 

John Clark in Puskeoch 

Ninian Steel in Glengar, in the parish of Penpont 

William Clark younger in Glenum 

John Glencorse in Carshogil 

Archibald Hunter in Terreran 

Thomas Hunter younger in Wood-end 

John Corsan at the Mill in Glencairn parish, called Doc 
tor Corsan 

James Gilkerse in Holm 

Alexander Muirhead in Glencarse 

John Matthison in Shankerton 

James Corsan in Jedburgh 

William Harries in Kirkcudbright 

Alexander M Cubie in Marwhan 

Robert Ferguson in the parish of Glencairn 

John Grier there 

Andrew Ferguson late servant to the Laird of Sten- 

William Wilson in Burnfoot, in Glencairn parish 

Thomas Macmurdy in Barbuy 

John Maxwell servant to James Grier smith in Long, 

James Harkness in Locharbain 

Alexander Nivinson in Kirk-bog 

Thomas Mulligen at the Mill of Closeburn 

John Padzean at the Mill of Bird-burgh 

James Gilkerse in Holms of Dalgarnock 

John M Auld in Cleugh-head 

John Wilson in Tinleoch 




day in the afternoon, the committee all witnesses and take information, who, 

think fit to send west Sir William Pat- 

erson, clerk to the council, to be present with 
the general and others at Glasgow, to examine 

Alexander Gibson in Ford 

Robert Matherston in Land 

James Harper in Bennan 

Alexander Gressie in Clogland 

James Mackeg in Milton 

Walter Smith in Craighit 

John Paterson in Macquithen 

John Macmillan servitor to James Wilson in Straithmil- 

James Magachan in Craigbuttoch 

Andrew Whitehead in Boig 

Robert Lauchlison in Burnside 

John Glover in Barshel 

James Osburn at Keir-mill 

James Watson in Hill-end 

John Harper in Portrap 

Robert Neilson in Dalswinton 

Robert Morrin there 

Robert Cowan in Auchingeith 

James Smith in Dalswinton 

James Robertson in Querrel-wood 

Gilbert Gilkerse in Auchin-hastning 

Archibald Paterson in Clogland 

William Mulligen in Floors 

John Mulligen in Malo-ford 

John Smith tailor in Dalgonar 

William Corsan in Jedburgh 

Robert Grier chapman, sometime in Dumfries 

James Crichton also there 

William Fergusson son to the deceased William Fergus- 
son in Three-rigs 

Robert Dalziel in Cleugh-foot, in Dalgarnock parish 

John M Auld in Tibbers 

Jonn Weir wright at the old Kirk of Dunscore 

Robert Mulligen son to James Mulligen in Beuchan 

Halbert Gaa son to the deceased Thomas Gaa in Dura- 

David Watson son to the deceased James Watson at the 

Smith son to John Smith weaver at Commonel 
William Spence in Amsfield 
John Monel at the Runner-foot 
Robert Fergusson in Fore-mulligan 
William Macneilly merchant, sometime in Dumfries 
Robert Cunningham in Ketloch 
Daniel Macmitchel in Lurg-foot 
John Gibson in Ingliston 
Robert M Ewan tailor in Creichen, in Glencairn 

Fugitives for reset and converse.. 
John Hunter elder in Chapeland, now in Auchiuhast- 


James Mulligen in Beuchan 
John Ker in Monygryle 
James Kelman chapman 

John Frizzel son to Thomas Frizzel in Auchincairn 
John Harper in Kililing 
John Harper in Bennan 
Agnes Scot widow in Cocketfield 
William Mulligen in Morton-mains 
Thomas Harkness in Locherbain, or Laight 
William Harkness in Mitchelslaks 
John Gilkerse in Holms of Dalgarnock 
John Coulter in Linns 
John Copland in Drumcork 
Thomas Hunter elder in Wood-end 

through the country, conversed with those 
rogues in arms, and to meet with the commis 
sioners of justiciary now sitting at Glasgow ; 

John Laidley in Coig 

John Hunter in Belagan 

William Hunter in Auchinhastning 

Thomas Howitson in Garvack 

Thomas Hunter in Brackenside 

William Lorimer in Morton-mill 

John Glencorse in Bennan 

John Johnston in Dalswinton 

James Corsbie at Glencairn Kirk 

John Glencorse in the parish of Tinran 

Andrew Bell in Kirklaud 

Edward Maxwell of Stravvhan 

John Nicolson in Querrelwood 

Stewart ry of Annandale. 

John Latimer in Cocket-hill 

Thomas Latimer there 

John Johnston there 

John Forsyth in Carthat 

John Armstrong there 

Andrew Raining there 

Matthew Armstrong in Robet-head 

James Gass there 

William Craik there 

Adam Johnston merchant in Moffat 

James Johnston in Hayhill 

William Hannan in Fouhaw 

George Bell in Catlehill 

John Paterson in Sclate-mire 

Robert Adamson in Moffat 

John Clark in Nunrie 

Williamson in Shortlie 
James Moffat chapman in Crawford-muir 
James Forsyth in Carthat 


William Stoddard in Tinnis 

John Curril, ^ 

James Thomson, I chapmen travellers 

Andrew Scot, ) 

John Speiden weaver in Fairnielie 

Adam Wilson servant to George Frater weaver in Gal- 

Alexander Brownfield servant to John Small wright 

Thomas Symington servant to James Mein in Laidley. 


John Thomson son to John Thomson in Penchrist 
William Inglis servant to William Lowis in Catslack- 


Robert Gill in Gallashiels 
Alexander Kirkwood weaver there 


William Forbes servant to Thomas Weir in Sclathole 
Thomas Weir merchant traveller 
James Mitchell cooper in Linton 
Adam Hunter in Fingland 
James Ramage in Skirlin 
James Richardson tailor in Logan 
William Porteous in Earls. haugh 
James Welsh in Fingland 
George Hunter in Corehead, for reset 
John Welsh in Munion 
James Nicol vagabond in the said shire 


James Blackie portioner of Melrose 
David Gibson chapman (here 



and the advocate is to draw his instructions 
against to-morrow. Accordingly, the com 
mittee for public affairs give orders to 
the advocate, June 13th, to process the heri- 

Andrew Clark merchant in Gatton-side 
fames Mercer lately in Melrose, now in Yarrow 
Andrew Turnbull farmer at the bridge-end of Melrose 
Nicol Cochran in Newton 
John Wright smith in Darnick 
Walter Davidson feuar in Melrose 
Patrick Davidson there 

Patrick Black servant to Andrew Tanno there 
Thomas Benzie chapman traveller 
Michael Shiel son to James Shiel in Haugh-head 
Robert Mabane in New-stead 
George Moffat servant to Bnckholm 
Thomas Symington there 
David Martin in Galton-side 
James Forsan miller in New-stead 
Thomas Oliver son to James Oliver in Ash-trees 
Andrew Jardine in Dyke-raw 
John Laidley in Justice-lies 

Andrew Oliver son to Andrew Oliver in Barnkine 
Archibald Shiel in Mac-side 
John Shiel in Gate-house-cote 
Adam Rutherford in Bonchestcr-side 
Walter Shiel in Abbot-rule 
Andrew Young portioner of Caverton 
John Graham servant in Newton 
James Owen in Birk hill 
James Turnbull portioner of Swan-sheil 
James Glendonning in Burgh, in Cavers parish 
Adam Ledan in Little- Cavers 
William Armstrong in Horse-lie 
Thomas Brown servitor to John Wilkie in Haffindean 
Patrick Oliver there 
John Ker gardener in Knows 

James Johnston late servant to John Turnbull in Cavers 
William Laidley in Little- Cavers 
James Laidley in Kirkton 
George Turnbull near Ederston-sheils 
George Telfer there 
Walter Noble Taylor in Efladge 
George Ormiston son to John Ormiston in Ormiston- 

John Shiels in Buismill 

Sliiels his brother 
George Hodge gardener in Stichel 
James Davidson in Hole-field 

John Burnet servant to John Paterson in Gate-side 
Andrew Hare servant to Andrew Ainslie in Cleugh 
John Elliot son to Andrew Elliot in Nether-Chatto 
Alexander Wood servant to James Fala mason in Kelso 
Mark Hunter son to Hunter in Ancrum 

William Davidson tailor in Kelso 
James Riddel wright there 
John Hodge weaver in Roxburgh 
Thomas Yellowlees servant to John Mein in Barns 
Francis Murray herd in Nether-Chatto 
John Fletcher servant in Over.Chatto 
William Gilroy brother to John Gilroy in Rutherford 
Thomas Turnbull in Ashlie-burn 
Robert Turnbull his brother 
William Roberton servant to Robert Grierson in Clair- 


William Wylie in Belshes 
Thomas Aver in Bovvdon 
William M Call there 
James Brown servant to Fauch-hill 
John Lindsay in Spitlle-land 

tors upon whose lands some rebels 
were lately seen in arms, conform 
to proclamation July 8th 1682, and consent 
to the instructions to Sir William Paterson, 

William Turnbull brother to Turnbull of Bewlie 

William Laing in Earl-side 

William Armstrong in Acre-know 

Thomas Storie there 

William Wignolm in Newton 

John Anderson in the Barns 

James Scot in Laick 

Walter Atkin servant in Chatto 

Andrew Moir in Netherton-shiels 

James Glendonning in Stobat-cate 

Patrick Telfer in Haffendean 

Thomas Braiden merchant in Hawick 

William Turnbull merchant there 

Robert Gladstanes there 

Walter Scot brother to Thomas Scot tailor there 

John Clunie barber there 

Thomas Turnbull called captain 

James Turnbull in Swan-shiel 

Andrew Lamb in Newlands 

James Glendonning in South-field 

Walter Laidley in Ormiston 

John Bell servant in Gorrinberry 

James Johnston in Cavers 

John Bell in Netherton-bhiels 

James Scot in Humble-know-mill 

Robert Scot son to John Scot in Weins 

Robert Scot sometime saddler in Fanesh 

Thomas Scot servant in Hill-house-land 
John Stuart in Cavers 

Andrew Rainie tailor 
John Ramsay in Hawick 
Andrew Riddel in Little-Cavers 

Andrew Lamb servant to Andrew Ogilvie 

George Scot son to Thomas Scot in Bonchester 
John Porteous weaver in Ancrum 

William Armstrong in Tom-shiel-burn 

Robert Elliot in Cruikham 

Johnston fourth son to Bangleish 
Thomas Beatie tailor there 
Thomas Hodge schoolmaster in Nisbet 
William Ronaldson webster in Jedburgh 
William Elliot son to William Elliot in Nether-Chatto 
Mr Adam Alcorn in Kelso 
John Davidson there 

Davidson son to Henry Davidson in Hole-field 
William Faside in Ancrum 
Mr George Barclay 
Mr John Rae 
Mr Thomas Douglas 
Mr Forrester 

Mr Lamb 

Mr David Hume 
Mr John Kay 
John Owens in Melrose Land 
James Paterson weaver in Daingelton 
Robert Tait in Hungburn 

Turnbull soa to Adam Turnbull of Hawthorn, 

Patrick Wright servant to Grubet 
Adam Laidley in Little Cavers 
Thomas Turnbull in Repertslaw 
John Turner son to Richard Turner in Lilias-leaf-tnill 
Henry Laiiig merchant in Kelso 
William Edgar servant to Newton 
Robert Elliot in Stobs 
John Wood lately in Kelso now in Lanark-shire 




which are as follow. That he wait | arms, and on whose ground they were seen, 
upon the archbishop of Glasgow and j and of magistrates, heritors, and others, who 

the general, and show them, the committee 
expect further accounts of those lately in 

James Purves cooper in Ednam 

Scot in Maxwel-heugh, a tailor journeyman, 
who haunted in Greenhead s land 

William Wright sometime servant to Sir William Ben- 
net of Grubet 

John Smith cordiner, sometime in Kelso 
Redpath in Newton 

James Purves in Stitchel 

Alexander Wood mason, servant to James Faa mason in 

John Lauchop in Melrose 

Matthew Rutherford in Over-Clmtto 

John Gilry in Rutherford 

Thomas Shiel in Denholm 

John Hall in Woollie-mill, servant to Andrew Turnbull 

John Elliot in Cruik-hame 

Robert Elliot in Bait-bank-head 

James Greenshiels in Birnie-know 

Thomas Wauch son to Thomas Wauch in Glenderhead 

George Shiel in Kelso 

James Dunn weaver in Nether- Ancrum 

John Smith son to James Smith in Nether- A ncrum 

George Young servant to George Gray in Rupertlaw 

Thomas Moft at merchant traveller 

Robert Wright smith in Langshaw 

Alexander Ross in Nenthorn 

Adam Storie at Chester-house 

George Lamb about Bonjedburgh-milJ 

George Young in Bedrule 

Robert Young his brother 

James Young their brother 

John Simpson in Stobie-cote 

Robert Tait in Hagburn 

Robert Elliot in Stobs 

John Thomson in Mabinshaw 

John Turnbull candlemaker in Hawick, for reset 

Robert Mercer in Darnick, for reset 

John and Andrew Riddles in Newton, for reset 

James Turnbull feuar there, for reset 

Thomas Turnbull in Nether- Ancrum 

William Lamb walker in Bonjedburgh 

James Shiel in Laidley-steil 

John Hogg weaver in Bonjedburgh 

James Grieve in Nether- Ancrum 

Adam Linlithgow in Melrose 

Thomas Halywel in Gattonside 

Thomas Turnbull of Know, for reset 

Paterson son to George Paterson in Soutry 

John Linlithgow in Earslton 

Thomas Flebairn there 

Thomas Carter in Ligertwood 

Mr Alexander Shiel son to James Shiel in Haughhead 

John Nairn servant in Hume parish 

Robert Leich late servant there 

George Miller tailor in Middle-third 

John Pringle servant in Ligert wood 

Andrew Storie tailor in Bassindean 

David Brown feuar in Whitsome 

James Brown tnere 

Alexander Galbraith son to Alexander Galbraith in 

James Reston in Hutton 

George Allan in Paxton 

George Turnbull son to Hector Turnbull there 

have been guilty of connivance, or supine 
negligence, in not giving an account of these 

James Reston younger in Whitsome 

Paul Cowan in Preston 

Alexander Brown in Birkenside 

Thomas Steil in Martin 

John Blackie son to Blackie in Kittle-naked 

Edward Lilburn in Hackslie 

Thomas Pringle sometime in West-Struther 

James Laidley in Weatherlie 

Thomas Tait sometime at Flash 

James Galbraith in Mordington 

William and John Yeomans in Idington 

Robert Wilson in Leitholm 

George Dickson servant to the relict of Alexander Hume 
portioner of Hume 

John Wright smith in West- Gordon 

John Simpson sometime in Idington, now in Berwick 

William Tunoch in West-Struther parish 

John Calder sometime in Whitsome 

David Brown lately there, a webster and feuar 

James Cowan farmer in Idington 

John Hastie farmer there 

Andrew Wood servant to John Wood in Green-law 

Allan Gowdie sometime in Lady-kirk now in 

Elspeth Lorain in Mordington for reset 

Thomas Service in Birghame 

Thomas Yeoman in Idington 

George Forrester in Paxton 

David Cowan servant to William Ker uncle to Green- 


James Johnston son-in-law to the forrester of Pancait- 
1 and- wood 

James Mowbray now in the barony of Broxburn 

William Cathie servant to David Oswald of Eastbarns 

John Young servant there 

James Stevenson wright there 

Alexander Carril weaver in Newton-lees 

James and Patrick Trails in East-barns 

William Barnaby servant to William Cowan in Belton 

William Watt servant to John Dawson there 

George Tod weaver in Tinninghame 

David Anderson servant in Tinninghame 

Richard Shireff son to Patrick Shireffin Knows 

John Carfrae servant in Houston 

Patrick Johnstone cordiner in Haddington 

Mr Robert Langlands son to George Langlands lately 
in Elvingston 

Alexander Campbell, chapman in Wester Pencaitlaad 

John Knight, chapman in Wester Pencaiiland 

Thomas Brown in Standers 

James Burn servant to William Wilson in Nungute 

George Knox in Laehead 

Andrew Alison chapman in Inverwick 

Thomas Bell in East-barns 

Cornelius Lyel there 

John White chapman in Preston 

James Taylor servant to the lady Long-formacus 

John Simpson chapman in Broxburn 

William Stevenson servant to Mr John Reid in Preston 

Robert Brotherstones glover in Preston 

Archibald Wilson litster there 

John Inglis son to James Inglis weaver in Wings 

Andrew Redpath son to John Redpath in Middlemoninet 

John Lyel shoemaker in Inverwick 



rebels, to the counsellors, or officers of the that Stuart of Hartwood and Walk 
er be most strictly examined, and 
if not ingenuous, that they be imprisoned, 
and Lawrie to be strictly examined, and his 

army, to be punished exemplarily conform 
to law, and the proclamation, July 1682, 
which clearly meets with this case ; and 

William Lyel shoemaker there 

Thomas Badger servant to Patrick Cowan smith there 

Thomas Sanderson servant to William Knox 

John Alison, ") 

John Neilson, j s ^ rvant8 to the lad >" Whittinghame 

William Kello servant to George Knox in Laehead 

James Fowler in Pople 

Andrew Dickson chapman in Howdon 

Adam Ker servant to Thomas Caldwell in Randerston 

William Knight in Over-Keith 

James Thomson elder in Elphingston 

James Johnston in Ormiston 

William Shiel Collier at Elphingston 

Patrick Barber baxter in Tranent 

James Miller smith in Wilton 

Thomas Craig brother to William Craig in Inverwick 

John and William Grieves websters in Woodhall 

James Heriot in Popilton 

James Bridges litster in Nungate 

Adam Hislop in Barns-mill 

William Brotherstones lately in Elvingston, now in 

William Blair servant to Redpath in Middle- 


John Paterson late servant to the lady Whittinghame 

William Yuill in Traprain 

Alexander Fartol in Ormiston 

Halyday son to James Halyday in Elphingston 

William Stevenson in Prestonpans 
Edinburghsh ire. 

William Cranston servant in Goodtrees 

James Harvey merchant in Dalkeith 

Thomas Henryson lately there 

Thomas Ramsay in Carrington 

Robert Wilson there 

George Pentland servant to James Wilson there 

George Haig wright there 

William Camming in Stobs 

Alexander Bogholra lately in Carrington parish 

David Williamson barrowman to Sir John Nicolson of 
that ilk 

Robert Keddie servant to the gardener of Nicolson 

John Tinto servant to Stephen Brown in Nicolson 

James Barrowman in Esperton 

Robert Niven there 

John Bryson in Nether-Shiels 

Simon Lowis in Castleton 

James Pringle in Longfauch 

James Douglas vintner in Stow 

Thomas Wilson wright there 

James Stoddart in Shielie 

George Dickson in Little-Catpair 

James Turner in Stow 

David Ancrura there 

John Smeabeard in Torcraik 

Robert Wright in Gateside- hall 

John Brown in Ladyside 

Robert Ronald in Fala-hill 

Alexander Multerer in Mid-Calder 

John Brown smith there 

Thomas Ferrer herd and weaver in Moorieston 

John Young son to Thomas Young in Guill 

Thomas Williamson eon to James Williamson in Over- 

James Graham servitor to Thomas Paterson in Lum- 


John- Wallace gardener to Mr John Watt of Rosehill 
Andrew Henryson weaver in Moorieston 
Robert Brown tailor in Calder-town 
James Mitchel in Ratho 
James Pettigrew servant to James Thomson in Bon- 

David Somerwel prentice to Thomas Somerwel his 


JohnMoutray, j in Easter- Calder 

Wjlham Aikman, ) 

Patrick and Alexander Stuarts in Ingliston 

Gavin Wallace there 

Samuel Black servant to Margaret Lawson there 

Andrew Mackornet in Bog-end 

John Murray of Lumph-ford 

Alexander Henryson merchant, sometime schoolmaster 

about the foot of the West-bow 
George Fringle lately in Cowsland, sometime in Wool. 

William Steel collier, sometime at Newhall in Penny. 

cuik parish 
William Cranston in Stow 

Douglas about the Stow 
James Balleny younger at Hartburn-head 
Alexander Marshall brother to Thomas Marshal there 
Thomas Hardie near to West-Calder kirk 
James Young weaver at West-Calder 
Robert Anderson brother to William Anderson at 


John Purdie in Chimmes, tenant to Douglas of Morton 
John Hamilton sometime in Phumferston 
James Lindsay in Selms 
James Tennant in Letham 
William Aikman wright in Calderclear 
George Bryson in Goursnout 
Patrick Stuart in Weaterton of Ingliston 
Alexander Stuart there 

James Henryson son to Thomas Henryson them 
\Villiam Reid shoemaker, sometime in Fisher-row 

Nicolson servant to Robert Burnton shoemaker 

in Dalkeith 

Hamilton in the mains of Ingliston 
William Shaw cordiuer in West-Calder 

Stoddart son to James Stoddart, who lived at 


Mr Archibald Burnet son to Mr Robert Buriiet advocate 
John Row chamberlain of Carriugtoii 
George Young in Waterston 

Linlithgowsh ire. 

James Gilbert servant to James Classen in Couston 
Alexander Forsyth tenant in Livingston 
John Ravilton shoemaker there 

Patrick Smith servant to Patrick Classen in Carmonden 
W T illiam Ferrer servitor to Alexander Bryce in Little- 


William Mill in Auchin-hard 
John Dick son to William Dick in Brerich 
John Henryson in Whiteburn 
James Wedderlie there 
George Wardroper in Faster Whiteburn 
James W T ardroper in Craigmalloch 
James Steel in Dun heigh 



wife and servants, since the rebels, 
in a body, drank at his house. It 
is to be considered, that those three persons 
are exceedingly to be blamed, that they did 
not dog and follow those rebels, and give 
present information, and have palpably con 
travened the tenor of the said proclamation. 
You are to show, that the committee for 
public affairs are displeased with the slow- 
ness of the procedure of the commissioners 
of justiciary at Glasgow, against the rebels 
and other disorderly persons now prisoners 
at Glasgow, and advise them forthwith to 
proceed according to law and their instruc 
tions. Such against whom the probation is 

clear, or who confess their being in the re 
bellion, and continue obstinate in their re 
bellious principles, are to be instantly sen 
tenced and punished according to law; such 
as are penitent, and disown the rebellion, 
and all rebellious principles and practices, 
are to be forthwith banished to the planta 
tions, in the terms of the former acts. As 
to the rest of the prisoners, against whom 
there is no clear probation of their being in 
the rebellion, and will not confess their 
being accessory thereunto, yet if they or 
any of them will not acknowledge the in 
surrection at Bothwell-bridge to be rebel 
lion, and a sin against God Almighty, and 

John Lillie threadinaker in Borrowstonness 

John Drysdale weaver there 

James Taylor weaver there 

Robert Short cordiner there 

Alexander Watson tailor there 

Thomas Philip in Falkirk 

Munga Wallace in Blackness 

John Gib in Craigton 

David Savage in Philipston 

Alexander Reid in Humble 

William Miller in 

James Wood in Gallowscruik 

James Young in Dundas 

Duncan Fergusson in the Ferry 

John Dougal there 

James Steedmont in Duntarvie 

Adam Dauling in Carlowrie 

Alexander Anderson in Kirkliston 

William Angus servant to Alexander Reid in Humbie 

William Thomson tailor in Queensferry 

Duncan Forbes there 

James Barker in Craigie 

James Gib in East-end of the Ferry 

John Thomson in Dundas 

David Raulton servant to Alexander Telfer smith in 


James Stuart in Bathgate 

James Nimmo son to William Nimmo in Boghall 
James Angus in Kirkton 
John M Culloch servant to serjeant Pottison in Lin. 

Thomas Borthwick servitor to John Grieve cordiner 


David Jamie younger there 
James Johnston pretended captain to the rebels 
David Savage tailor in Ochiltree 
John Rae servant to Andrew Powrie apothecary in 

William Kennedy servant to Andrew Duncan treasurer 


William Jack slater there 
George Lapsley miller in Linlithgow 
John Deuchan weaver there 
James Miller in Goremire 
Andrew Eslmont under Dechmont 
George Johnston son to John Johnston in Tail-end 
James Watchman seaman in Borrowstonness 
Alexander Reid in Strabrock parish, under Cardross 
George Ravilton tailor in Craigietou 
George Robertson in Duntarvie 

Alexander Watson servitor to Patrick Young in Bridge- 

John Vauch servant to John Salmond in Kirkingshaw 

John Brown in Barlornie 

William Auld servitor to John Fleming in Redburn 

Peter Russell son to Robert Russell in Bedlornie 

Robert Walker servitor to Robert Gray there 

Thomas Muir servitor to Duntarvie 

Archibald Cuthbertson cooper, haunting about Caldtr- 

John Jainieson skipper in Queen.sferry 

Alexander Bishop servant to John Thornton in Davids- 

George Young weaver in Loan-head 

Patrick Hardie in Houston s land 

Patrick Allan son to James Allan goodman of Kincavt l 
Smith in Riccarton Park 

Arthur Thomson servant to Robert Russell of Bank- 

James Stuart in Bathgate 

Thomas Hall in Kancrief-land 

David Houston in Goremire 

John Henryson in Brow 

John Eadie son to Alexander Eadie in South-Logk brae 

Fugitives for rebel/ion and treasonable crimes, sine* 
November, 1683. 

William Cuthbert weaver in Hamilton 

James Begg in Whiteholm 

William Howatson in Pinclo 

James Shiel in Meikle-hill 

W 7 i!liam Douglas in Lauchop-mill 

James Crawford in Rigg 

John Browning elder in Riccarton in Ayrshire 

Hugh AtkininTarbolton 

James Aird younger in Muirkirk 

Thomas Steel in Martin in Berwickshire 

Thomas Forrester in Garden, in Stirlingshire 

John M Adam in the parish of Cardross 

Hector Paton in Mauchlin in Ayrshire 

Matthew Paton in Mauchlin in Ayrshire 

John Cunningham in Powkelly, in the said shire 

Robert Gilkerson in Carluke, in Lanarkshire 

Gavin Wood wright in Glasgow 

Walter Lockhart of Kirktown 

Joseph Henryson in Craigbog, ^ 

John Young in Threpland, ( in Renfrew- 

Andrew and William Young his sons, C shire 

James Spreul apothecary in Paisley, 

John Hutchison portioner of Nevvbottle 

Sir John Cochrane of Ochiltree 



refuse to declare that it is unlawful for 
subjects, upon the account of the covenant, 
or any account whatsomever, to rise in 
arms against his majesty or his authority, 
and the present government in church or 
in state, and refuse to enact themselves 
never to rise in arms, and to live regularly, 
and keep their parish-churches hereafter, 
and refuse to take the oath of allegiance, 
that they be immediately banished to the 
plantations, as above. And generally, you 
are to advise the said commissioners, in any 
thing relating to their commission, that 
may contribute for his majesty s service." 

Sir William Paterson returns, and makes 
his report to the council, June 19th. As to 
that part of his instructions with relation to 
the banishing people to the plantations, we 
have had the report above ; and as to the 
matter of the Black-loch, " the lords find, 
by examinations taken by the said Sir 
William, that the most part of the heritors 
and inhabitants of the parishes of Shotts, 
Cambusnethan, and Monkland, have been 
extremely guilty, in not giving any infor 
mation anent the said armed rebels, though 
they did march through those parishes, to 
the number of eighty or an hundred armed 
men; that the heritors have been remiss 
and supinely negligent in their duty, and 
neglected to give timeous information of 
the said rebels, and appoint them to be 
cited against Tuesday the first of July, and 
the sheriffs of Stirling, Linlithgow, and 
Lanark, to be cited to the same day, as 
also Stuart of Allanton, Stuart of 

Hart wood, William Cochran of Ochiltree 
younger, Walker of Hacketburn, on 

whose lands, and near whose houses the 
said rebels appeared in arms, to be cited to 
that day ; and in regard Mr William 
Violant, indulged minister at Cambusnethan, 
albeit the said rebels passed his house in 
rank and file in arms, did not give informa 
tion thereof to any magistrates and officers 
of the army, though some of them lay within 
three or four miles of him, the lords do 
ordain him to be cited." 

The same day, the sheriffs of Mid- 
Lothian, Peebles, and Linlithgow, and the 
heritors of the parishes in whose bounds 
the rebels were seen, are cited to appear 
before the council, in the terms of the 

proclamation, July, 1682. The par 
ticular sufferings of those gentlemen, 
ministers, and others, who were brought to 
trouble upon the account of this conventicle, 
will come in upon the next Section ; and this 
is growing so much, that it will be proper 
to leave them to it. I only remark further 
upon this subject, July 16th, that the com 
mittee for public affairs write a letter to 
Sir William Murray of Stanhope, Sir 
Archibald Murray of Black barony, John 
Veitch of Dawick, signifying, that there 
was a conventicle kept, June 1st, at Carn- 
hill, and another at Colstons-loup in Peebles- 
shire ; and complain those gentlemen had 
not given advertisement of them, according 
to the proclamation of council, July, 1682, 
which at this diet the council order to be 
reprinted, and order them to make diligent 
search, and apprehend the hearers and 
preachers, and take the assistance of the 
garrison at Boghall. We shall afterwards 
hear of particular prosecutions for these 

July 14th, the council recommend it to 
Claverhouse, to inform himself of the 
heritors of the lands where some rebels 
had laid an ambuscade for the king s 
soldiers, and one of them was killed, and 
of the substantial tenants, and report. 
This is what I have observed this year, 
until the new commission sent down this 
month to the council, which I come now 
to take notice of. 

Upon the 15th of July, a new commission 
comes down from the king to the council. 
None of the former members were left out, 
and some new ones put in, and new powers 
were granted ; and at the same time the 
earl of Perth is declared chancellor in 
Aberdeen s room, and Linlithgow is justice- 
general. That day the king s letter was 
read to the council, which deserves a room 

" Charles R. Right trusty, &c. whereas, 
for weighty reasons, we have thought fit 
to recall the late commission of our privy 
council, and being fully assured of the 
entire loyalty and affection of you M ho 
were in that commission, we have thought 
fit again to nominate you, together with 
some others, (of whose loyalty we have 
good reason to be assured) to be in the 




same capacity, not doubting 1 , but as 
* you have always continued zealously 
and faithfully to serve us, by administrating 
j ustice, maintaining our authority, asserting 
our prerogative, and refused to comply with 
any such, as inclined either to support or 
countenance fanatical, or disaffected and tur 
bulent persons ; so we doubt not, in considera 
tion of this trust we repose in you, and of 
your duty to us, you will go on firmly 
and faithfully in our service, by doing 
justice to our people, by putting the laws 
vigorously in execution against the fanatics, 
those enemies not only of our person and 
government, but likewise of all religion and 
society, from whose principles we can expect 
nothing less than rebellion and conspiracies. 
We do therefore recommend to your par 
ticular care, to prevent their malice, by all 
legal and suitable means, prosecuting and 
disabling all such as you find obnoxious to 
our laws and government. And that you 
might meet with no impediment from us, we 
have removed from our councils and highest 
offices, all such as we thought forward in 
favouring, and slow in proceeding against 
them, or countenancers of disaffected and 
turbulent people, that you may see how in 
consistent our favour is with those ways. 
In the next place, we require you to en 
courage our regular clergy, by maintaining 
them in their just rights and privileges, and 
securing their persons and goods from vio 
lence and outrage, especially our archbishops 
and bishops, seeing we look upon all discour 
agements they unjustly meet with, among 
the highest affronts to our authority. You 
are likewise to advert to the security of the 
peace of the country, preventing, by all 
suitable means, the disorders that may arise 
from Argyleshire, and other disaffected 
places; and in every thing, not only in 
your joint but separate capacities, doing 
whatever may most conduce to the advance, 
ment of our interest, maintaining our pre 
rogative, and securing your own peace and 
prosperity. In confidence whereof we bid 
you heartily farewell. Given, &c. Windsor, 
June 13th, 1684," 

Reflections upon this paper formed by 
the managers, are needless; they grow in 
their reproaches and spite at the suffering 
presbyterians, and make the king charge all 

who go under the name of fanatics, with 
such principles as they were entirely 
free of If the earl of Aberdeen and others 
now displaced, be pointed at as favourers of, 
or at least slow proceeders against the suf 
ferers, it is very much for their honour. 
However that be, it is plain from this letter, 
that the main work of the council was to 
maintain the king s prerogative now suffici 
ently absolute, support the prelates its crea 
tures, and to be their burners * in persecut 
ing the suffering presbyterians ; and to 
these they engage themselves in their re 
turn to his majesty that same day, which I 
likewise insert. 

" May it please your sacred Majesty, 
" WE should be sorry that our affairs have 
of late been so troublesome to your majesty, 
if we found not, by your majesty s gracious 
letter, dated June 13th, that your majesty 
has thereby understood perfectly your own 
interest and ours : Nor can we doubt, 
but that hereafter, all who serve your sacred 
majesty, will be convinced there is no se 
curity in complying with turbulent and 
disaffected people, though that compliance 
was become of late very plausible, from the 
principles of fear or popularity : it being 
truly much easier, nobler, and safer, to dis 
able your enemies than to flatter them. 
In return to this your majesty s most graci 
ous letter, we again renew, with all our 
heart, the most sincere offer of our lives and 
fortunes, with our grateful acknowledge 
ment of the great kindness done to us, in 
preferring such among us to the chief em 
ployments, as deserve to be our leaders in 
those dangerous times, and whose prefer 
ment being the effect of your majesty s per 
fect knowledge of their tried merit, give us 
just occasion to believe they will, by their 
deportment, justify your majesty s royal 
choice, and awake the diligence of such as 
are joined with them. We also, whom 
your majesty has honoured with the great 
trust of being privy counsellors, by this 
your last commission, find ourselves obliged 
to bestow all possible pains and diligence, 
in serving so gracious and so judicious a mon- 

* Burior, Burriour, S. an executioner. Bel- 
lenden, Fr. Bourreau, id. Dr Jameson s Dic 
tionary. Ed, 




arch, in the way which, because your ma 
jesty prescribes it, we have, among other 
reasons, just cause to believe to be the best. 
And therefore, Sir, we shall do our ut 
most to administrate justice to yoursubjects> 
maintain your authority, assert your prero 
gative, protect the orthodox clergy, and 
suppress fanatics, and to deserve in every 
thing 1 , as far as is possible for us, the happy 
name of 

"Your Majesty s most faithful, most 

humble, and most obedient subjects 

and servants, 

" Subscribed ut in Sederunt" 

It hath been remarked, that the commit 
tee for public affairs have had a great part 
of the work of persecution committed to 
them by the council : Thus they continue 
to do, and therefore at this first sederunt, 
the council fail not to appoint this commit 
tee. The members and powers of it 

Act anent the committee for public affairs, 
July 15th. 

" The lords of his majesty s privy council, 
considering that, from time to time, they 
have been in use to appoint a committee for 
public affairs, and whereas now by his 
majesty s late commission to his council, 
the committee formerly nominate is dissolv 
ed, and it being necessary for the adminis 
tration of his majesty s affairs, that a new 
committee be appointed, do therefore here 
by nominate and appoint the archbishops of 
St Andrews and Glasgow, the earls of 
Linlithgow, Balcarras, and Tweedale, the 
lords Drumlanrich and Livingstone, the 
lairds of Drumelzier and Claverhouse 
(officers of state and lord president of the 
session being always supernumerary) or any 
three of them, to be a committee of council 
for public aftairs, with power to them or 
their quorum foresaid, to receive accounts, 
from the several magistrates of the kingdom, 
of their procedure and diligence in the exe 
cution of the laws against fanatical and dis 
orderly persons, as also from the officers of 
the army anent such persons, and to call 
and examine prisoners, or such persons as 
they shall have reason to suspect guilty of 
seditious or treasonable crimes, or of public 
disorders, and to imprison or dismiss them 

as they shall find cause ; and gener 
ally, to do all and sundry other 1( 
things which may be expedient for his ma 
jesty s government and the peace of the king- 
dom; and appoint their first meeting to be 
to-morrow at three of the clock afternoon, 
and thereafter at such times as they shall 
think most convenient; and accounts of their 
procedure to be given in for their approba 

Thus we have the beginnings of this new 
appointed council; they just go on where 
they left, and we shall find them prosecut 
ing heritors and others, for not raising the 
hue and the cry. I only notice some of 
their more general acts, July 17th. "The 
council being informed that the rebels have 
been seen passing through some parts of the 
shire of Ayr, and that the heritors and in 
habitants have not given advertisement, 
grant commission to the sheriff- depute, and 
captain John Inglis, or any of them, to call 
before them and examine upon oath, all 
such persons as can give best information 
of the heritors through whose lands the 
said rebels were seen to pass, and send in 
an account to the council." I need scarce 
notice that these rebels so much sputter is 
made about, were Mr Renwick s followers, 
who were obliged at the conventicles, and 
I may say almost at all times, for their own 
defence, to carry arms ; and such of them, 
whose way homeward from conventicles 
lay together, are the rebels now marching 
up and down the country. 

But not satisfied with those orders, July 
22d, a proclamation is emitted for discover 
ing rebels and their resetters in the west, 
which I have added below.* The penners 

* Proclamation against Rebels, July 22d, 1684. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith: to our lyon king at arms, his brethren, 
heralds, macers of our privy council, pursuiv 
ants, messengers at arms, our sheriffs in that 
part, conjunctly and severally, specially consti 
tute, greeting. Forasmuch a*s, by the nature of 
the monarchy devolved upon us by God Almighty 
alone, and by the inherent privilege and pre 
rogative of the imperial crown of this our ancient 
kingdom, we are sufficiently empowered to 
take such courses and methods, as, according to 
the circumstances of the times wherein we are 
stated, may best secure our royal government, 
and our innocent and peaceable subjects : as also 
by the laws and acts of parliament of this our 
kingdom, all sheriffs, Stewarts, lords, and bailies 



of this paper make the king assert, 
" That the monarchy is devolved upon 
him by God alone ;" which, in the plain and 
ordinary sense of the words, is not true, and 
would have been very far from his style in 
the year 1649 or 1660, when the monarchy 
was made over to him by the presbyterians, 
and those very people in England and 
Scotland whom he hath been violently per 
secuting 1 for upwards of twenty years. The 
proclamation adds, * by the nature of the 
monarchy devolved thus on him, and by 
his * inherent prerogative he was empow 
ered to take such courses for securing the go 
vernment as were best, that is, such methods 
as he pleased, without any proclamation, or 
acts of parliament, as the tenor cf this sen 
tence necessarily gives us to understand it ; 
which is a plain avowing the nature of this 
government was tyrannical, and that ty 
ranny was from God. Whether this cause 
is designed to be a cover for the murders 
committed in the fields by the soldiers in 
cold blood, I cannot say : but we shall find 

of regalities and bailiaries, and their deputes, are 
obliged, when any rebellious and disorderly peo 
ple appear openly in any of their jurisdictions, to 
corivocate our lieges, and to raise the hue and 
cry against them, and never leave the following 
and pursuing of them, till they be chased out of 
the said jurisdictions, and to take and apprehend 
them, and bring them in, and present them to 
justice ; and that the heritors, commons, arid 
generally all our lieges, are bound to concur with 
them. In which, if they fail, as in that which 
is their duty, we must take such other courses as 
may mosteffectually secure our royal government, 
and good subjects. Yet it is undeniable, that, 
for many years, great numbers of armed rebels 
have most insolently and rebelliously gathered 
themselves together, and have not only marched 
up and down our western shires of Clydesdale, 
and other shires besouth the river of Forth, but 
have assaulted and murdered severals belonging 
to our forces, burned our laws, and excommuni 
cated our sacred person ; and of late, in the 
month of June last, about two hundred armed 
rebels have presumed, to the great contempt of 
our authority, to march openly through several 
of the said shires for many days together, threat 
ening the orthodox clergy, and murdering our 
soldiers, and have, at last (when they found it 
convenient) disappeared, being certainly and 
undeniably harboured and reset by the inhabi 
tants of those shires, without sufficient diligence 
done by the sheriffs, and inhabitants of the said 
shires, either for dissipating them, or for dis 
covering their resellers, and bringing them to 
justice ; by which preparative, if allowed, all 
rebels may safely rise in arms, and yet be secure. 
VVe therefore, with advice of our privy council, 
do hereby command and charge our sheriffs, 
Stewarts, and others in the several shires fore- 
said, as they will be answerable upon their 

in the last section a very barbarous one 
committed in Ayrshire, this same month of 
July. Next, the subjects are told, that if 
this terrible hue and cry be neglected, other 
and effectual methods will be taken. \Vhat 
those were are not expressed, and the 
reader is left to guess whether a larger stand 
ing army, a highland host, or rather the 
sanguinary and inhuman orders to kill in 
cold blood, all who did not answer the sol 
diers interrogatories, given towards the 
end of this year, be meant, and were in 
view. It follows, that two hundred armed 
rebels marched up and down. Informers 
could soon make two hundred of fifty, but 
when their own registers make them but 
eighty, and that just at the dismissing the 
conventicle, we may see what weight is to 
be laid upon the numbers in their public 
papers. It is wisely inferred, they behoved 
to have been harboured and reset in the 
shires they marched through ; undoubtedly 
they could not live without meat and drink, 
and yet one would think two hundred men 

duty, and highest peril, with whom we com 
mand the heritors and commons to concur, to 
apprehend, and bring in to justice the persons 
of the said rebels, who appeared openly in the 
said shires, and to discover to us, and our 
privy council, betwixt and the fifteenth day of 
August next, all such as did reset and inter- 
commune with them ; with cerlificalion, that, 
if they fail, we will, for preserving the public 
peace, and our good subjects, take such other 
effectual courses, as, in our royal prudence, we 
shall find most fit for preventing rebellions, and 
securing the public peace in the shires above- 
mentioned. And to the effect our pleasure in 
the premises may be known to all our lieges, 
our will is herefore, and we charge you strictly, 
and command, that incontinent, these our letters 
seen, ye pass to the market-cross of Edinburgh, 
and whole remanent market-crosses of the head 
burghs of the shires of this kingdom, on this 
side of the water of Forth, and there, in our 
name and authority, by open proclamation, 
make publication of our pleasure in ihe premises, 
lhat all persons concerned may have Dotice 
thereof, and give punctual obedience thereto. 
And we ordain the sheriffs of the said shires to 
cause forthwith publish this our proclamation, at 
the several market-crosses within their respec 
tive shires and parish kirks, and the ministers 
of the respective parishes to read the same from 
their pulpits upon a Sabbath-day, after divine 

Given under our signet, at Edinburgh, the 
twenty-second day of July, one thousand six 
hundred eighty and four, and of our reign the 
thirty-sixth year. 

Per act inn Dominomm secrcti Concilii. 

WILL. PATERSON, Cl. seer. Concilii. 

God save the King. 



in arms would take subsistence upon paying- 1 
for it, if it were refused them. But all this 
is a fetch to bring in the sheriffs, c., their 
orders to apprehend them, and inform the 
council who reset them, against the 15th of 
August, otherwise other and effectual me 
thods would he fallen upon ; and we shall 
find, that within ten days, without waiting 
so long , the army is sent west. This pro 
clamation is to be read from all pulpits after 
divine service, which, I believe, the ortho- | 
dox clergy would not forget. And it opens 
a new door for a g-eneral harassing- of the 
country. That same day another procla 
mation is emitted, ordering all the forces 
and militia to be in a readiness to suppress 
the rebels. It is much in the same strain 
with the former, and so needs not be insert. 

July 23d, the council form an act, and 
record it, relative to the thumbkius, for the 
terror, as we shall hear, of Mr Spence and 
others under process about the plot last 
year : and being- but short, I insert it here. 
" Whereas the boots were the ordinary way 
to expiscate matters relating- to the govern 
ment, and that there is now a new invention 
and engine* called the thumbkius, which 
will be very effectual to the purpose and 
intent foresaid, the lords of his majesty s 
privy council do therefore ordain, that when 
any person shall by their order be put to 
the torture, that the said boots and thumb- 
kins both be applied to them, as it shall be 
found fit and convenient." 

Accordingly, as was threatened in the 
proclamation just now named, the council 
fall upon other methods with a witness, for 
oppressing the country, besides the exami 
nations of the sheriffs, and send the army to 
the west country, and empower the officers 
to examine the country. The act will give 
the best view of this, and follows. 

Act anent the army, August 1st, 1684. 

" The lords nf his majesty s privy council 
considering, that several desperate rebels do 
daily break out in arms in multitudes, at 
their seditious field-conventicles, and lay 
ambuscades for his majesty s forces, and 

* The council are mistaken in calling the 
thumbkins a new invention; they are the 
same as the thumbscrews which were found on 
board the Spanish armada ; specimens of which 
are shown in the Tower of London. Ed. 

kill some of them, and rescue pri- 
soners in their custody, to the high 
contempt of the laws, and affront of his 
majesty s government, to prevent and sup 
press all such rebellious courses for the 
future, and to reduce the country to their 
due obedience, and not to suffer any 
skulking vagrant rogues to go up and 
down the country, to the disturbance of 
the peace thereof, and disquiet of the 
kingdom, have thought fit to dispose of his 
majesty s forces, so as they may be most fit 
for service; and therefore recommend to 
general Dalziel to continue the foot where 
they are, and further, that he dispose the 
other forces as follows. One squadron of 
his majesty s guard in and about Edinburgh ; 
the second squade to go to Fife, and quarter 
as the earl of Balcarras shall order ; that 
Sir James Turner and his company of 
dragoons, attend near Glasgow ; that Mel- 
drum and his troop of horse, and the lord 
Charles Murray s troop of dragoons, go to 
Teviotdale ; that the general s troop of 
dragoons and captain Strachan s lie at 
garrisons in Galloway and Nithsdale, the 
lord Drumlanrick s at Dumfries ; that two 
squadrons of the guards, Claverhouse his 
troop, the lord Ross troop, captain Inglis 
and captain Cleland s troop of dragoons be 
for Ayrshire, or any where else the com 
manding officer shall think best for the 
good of the government ; that Claverhouse 
and lieutenant-colonel Buchan, commanders 
of the five troops in Ayrshire, continue, 
with power to them, or any of them, in the 
other s absence, to command and give 
necessary orders to them, and the haill 
forces, foot and horse, and dragoons, in the 
shires of Ayr and Clydesdale. And to the 
effect discovery may be made of the rebels 
in arms, and such as have been present at 
field-conventicles, and upon whose lands 
these conventicles have been kept, or were 
seen, and did appear, may be known, the 
said lords empower and commission colonel 
Graham of Claverhouse, and lieutenant- 
colonel Buchan, or any one of them, or, 
in their absence, such as they shall think 
fit to appoint, (for whom they are to be 
answerable) to call for and examine upon 
oath, all such persons as can give any in 
formation in the premises; and for that 


[BOOK lit. 

effect to use all legal diligence, and 
6 ordain them to report an account of j 
their procedure as soon as possible." 

I need make no observes upon this act. 
I suppose the ambuscade spoken of here 
and elsewhere, was the attempt made at 
Enterkin-path, upon a party of the sol 
diers carrying in some prisoners to Edin 
burgh. The shire of Ayr still continues to 
be the butt of the army s fury, and more 
forces are cantoned there, than almost 
through all the rest of the country. And 
the commanding officers of the army, yea, 
whomsoever they shall please to substitute, 
are put in the room of the ordinary magis 
trates, and have power to examine the 
country upon oath. 

That same day, August 1st, the council 
form a very ill-natured act, as to the poor 
people in prison, full of severe threatenings. 
tt The lords of his majesty s privy council 
having resolved, that all persons now in 
prison for crimes against the government, 
in the tolbooths of Edinburgh and Canon- 
gate, for being in the late rebellion, or 
reset of rebels, be speedily brought to 
justice, do ordain his majesty s solicitors to 
visit the tolbooths of Edinburgh and 
Canongate, and report what prisoners are 
there on these accounts; that it may be 
recommended to the justices, to proceed 
and pronounce sentence of death against 
them immediately, which sentence they 
are to cause execute within six hours after 
pronouncing of it ; and command the com 
missioners of justiciary at Glasgow and 
Dumfries to proceed immediately against 
the prisoners in the tolbooths there, in the 
like circumstances, and pronounce sentence 
of death against them, and put the sentence 
in execution within three hours after the 
pronouncing of it." Such barbarous acts to 
hurry good people into eternity in six 
hours time, make my hair stand when 
writing them, and I think are no where to 
be met with but from a Scots council; and 
yet the orders given the end of this year, 
for killing in the fields in a few moments, 
go beyond them. Perhaps it is upon the 
report of those sent to the prisons in Edin 
burgh and Canongate, that August 5th the 
council find good numbers of the prisoners 
seized, as being in the rebellion, only be 

cause of the same name with some who 
had been there ; and others because they 
were with the rebels, seeking for their 
goods and horses some days before Both- 
well. Those, upon their petitions, are re 
leased, and it would swell this work too 
much, to insert all such as by the records I 
find were wrongously imprisoned. 

August 19th, the lords of his majesty s 
privy council considering, " That several of 
the persons calledand examined before them 
selves, will not own the king s authority, 
but according to the covenant, and their 
own treasonable limitations, do hereby give 
order and warrant to his majesty s advocate, 
to process and indict such of these persons 
as are already brought in, or shall be 
brought in for the said crime, before the 
justices, that they may be proceeded against 
according to law." Thus the owning of 
the king s authority according to the cove 
nants, was made treason, which was what 
the parliament would not venture on, and 
only discharged the owning of the obliga 
tion of them. By this processes were in- 
tented against multitudes of country people, 
who would own the king no other way 
but in a consistency with the word of God 
and covenants. Thus a blot and stain is 
put on what was, and will still be the 
glory of these lands, that they were devoted 
to the Lord, and religion and reformation, 
and our valuable civil liberties solemnly en 
gaged into. When a papist was near to 
mount the throne, it was high time to put 
the greatest contempt upon those great 
bulwarks against popery. 

Another report is made at the same diet 
of council, as to the state of the prisoners, 
in the Canongate and Edinburgh tolbooths, 
by a committee formerly appointed for this 
end. It seems, either the solicitor s report 
did not satisfy, or new prisoners were come 
in since, and indeed they were sent in 
in crowds every week ; and the council ap- 
prove the report, "that about twenty of the 
prisoners (mean country people, from Glas 
gow and Ayrshire) be set at liberty upon 
their enacting themselves to keep their 
parish-kirk under five hundred merks 
penalty, and to live regularly ; that Robert 
Thorn in Carmunnock, William Campbell 
at Muirkirk, Gabriel Thomson in Carmun- 



nock, John Ure maltman in Glasgow, John 
M Levy shoemaker in Kilmarnock, James 
Nicol in Peebles, William Young tailor in 
Evandale, be processed and indicted before 
the justices, that they may be proceeded 
against according to law." We shall meet 
with a good many of them afterwards, 
when I come to give the proceedings of the 
justiciary this year. "And ordain John 
Campbell tenant in Muirkirk, John Camp 
bell son to William Campbell of Over- Wei- 
wood, (a worthy gentleman yet alive, whom 
we shall meet with upon the next section) 
to be processed before the council, in order 
to their banishment, for refusing the oath 
of allegiance ; and that James Nicol be 
proceeded against for his disowning the 
king." The prosecution of some of those 
and some others at this time, was happily 
prevented by the breaking of the Canongatc 
prison, and escape of a good many, of which 
I shall afterwards give some account. 
Here I only notice, August 22d, " the 
magistrates of Edinburgh being called to 
the bar of the council, for the escape of 
the prisoners out of the Canongate tolbooth 
last night, it is recommended to the said 
magistrates, that when any persons are 
indicted by the justices, or under the 
sentence of death for treasonable crimes, 
they cause them immediately to be put into 
the irons, and secure them; and they are 
assured that the council hereafter will not 
question the keepers of the tolbooth, but 
them, for the escape of prisoners, they 
being answerable for the keepers." 

In September new justiciary courts are 
appointed, with a particular eye to the 
gentlemen who were to be fined to the 
value of their estates ; but I leave them to 
a section by itself. 

September 10th, the lords of council, 
understanding there are several public 
papers and writs in the hands of the earl of 
Aberdeen late lord chancellor, do appoint 
the earl of Kintore to call for the said earl 
of Aberdeen, and examine him upon oath 
on what papers he had not hitherto deliver 
ed up, particularly anent some papers given 
in by the earl of Balcarras, taken from a 
man in Fife, relative to the plot and con 
spiracy, before the same was discovered, 

and to receive them and transmit 
1 them to the clerks. 

A very remarkable act follows. Sep 
tember 16th, "the lords of his majesty s 
privy council empower the committee for 
public affairs, to call and convene before 
them, at the instance of his majesty s 
advocate, such of the prisoners as are 
guilty of such disorders and conventicles, 
and refuse to take the oath of allegiance, 
and to pronounce sentence of banishment 
against them. And if any of these prisoners 
shall refuse to own the king as their 
lawful sovereign, or will not call the rising 
at Bothwell-bridge, a rebellion, or the 
archbishop s murder, a murder, or do 
own the covenant, or that it is lawful in 
defence thereof to rise against the king, or 
seem to hesitate, the council authorizes the 
said committee to remit them to the 
justices, to be tried criminally." This act 
I take to have been the pattern of the 
soldiers catechism after this, and their 
queries they proposed to people they met 
with in searches, or in the open fields, 
many of whom they murdered in cold 
blood. No doubt they varied, and some 
times intermixed other things with these, 
but most part of their interrogatories run 
upon these points, and so good a pattern as 
that of the privy council, ordering a cri 
minal process to be pursued for the pannel s 
life, in case of not answering satisfyingly 
those queries, or any of them, yea, their 
hesitating upon any of them, would be fol 
lowed by the soldiers, when they had a 
council and justiciary power lodged in them, 
as we shall hear they had in the close of 
this year. For many years we have seen 
these were the chief of the queries put to 
sufferers in their examinations, and multi 
tudes, we have seen, were executed upon 
their refusing to give satisfaction in those 
points ; and now they are by this act turned 
to a foundation, whereupon the justiciary 
are to condemn poor people. I do not 
enter upon the illegality and unreasonable 
ness of taking poor country people s lives 
upon such heads as many of these are, only 
in fact, though the king s authority were 
owned, yet if the bishop s death was not 
peremptorily declared murder, if the cove- 





nants were not disowned, and self-de 

fence, as the question was ordinarily 
proposed, was not disowned, or defensive 
arms, or the defence of the covenants, and 
Pentland and Bothwell were not expressly 
condemned, then there \vas no mercy for the 
person. Thus hundreds of religious and con 
scientious people were hurried into eternity, 
without libel, witnesses, or process, merely 
because they hesitated, or would not de 
clare their sentiments upon those points. 

During the months of September and 
October there is little in the council regis 
ters, save what relates to the justiciary 
courts, which will come in best upon the 
narrative of those. October 31st, captain 
Graham is required immediately to seize 
some persons living in and about Edinburgh, 
given him in a private list. Whether this 
was some pretended conspiracy, or what 
was the occasion, I know not; but no 
body was secure from trouble, when those 
private lists formed from the stories in 
formers trumped up, were made rules of 
by the managers. 

The months of November and December 
open a new and blacker scene of persecution 
than yet we have met with. Without any 
provocation given, we find the managers 
were ready enough to go great lengths 
against the suffering wanderers up and 
down the country ; but at this time it must 
be owned they had a greater handle given 
them than ever, and I shall endeavour to 
give plain matter of fact from the public 
records, and other papers come to my hand, 
in a section by itself, wherein I shall give 
the declaration of war, as it was ordinarily 
termed, by the society people, upon pro 
vocations in their own nature tempting to 
such extremities, the persecution of some 
for putting it on church-doors, the Swine- 
abbay murder, with the rigorous proceed 
ings on the back of it, the orders for killing 
in the fields, and the many commissions 
granted on this declaration in December. 

November 24th, " the council being in 
formed, that this day three coffins were 
carried down the street for the persons 
who were this day ordered to be executed 
for treasonable practices, and owning the 
late treasonable declaration, the council 
recommend it to Sir William Paterson, to 

inquire into the maker and painter of them." 
So very low did their zeal against the 
sufferers creep. November 28th, the lords 
of council order a strict search to be made 
in the town of Edinburgh, and suburbs 
thereof, and Leith to-morrow, according to 
the following instructions. " The bailies of 
the suburbs to attend at four in the morn 
ing at Holyrood-house, to know the coun 
cil s pleasure. The constables of the town 
at the same time to attend my lord provost, 
that he may send the key to the Nether- 
bow, and the keys are to lie in the provost s 
hands this night. At the opening of the 
ports the town-council are to attend the 
magistrates, who are to appoint sixteen of 
their number to attend the officers who 
make the search. The ports being opened, 
a bank is to be beat through the town with 
all the drummers can be had, and in all the 
lanes of the city, discharging all persons to 
quit their houses upon their peril. The 
council in the meantime are to attend near 
the cross, to give orders. That captain 
Graham with his company, post themselves 
at Haddocks-hole to guard the prisoners. 
The counsellors who attend the searchers, 
to have power to break open the doors of 
such houses as are pretended to be waste, 
if their landlords presently bring not the 

I shall shut up my accounts of this year 
in this section, by noticing the close cor 
respondence betwixt our managers at Edin 
burgh, and bloody Jeffreys in England. 
Birds of a feather flock together. Only 
Jeffreys was tied down by the English 
laws, far less sanguinary than ours at this 
time. However, he went as far as he 
could to stretch the laws, and some farther, 
and offers his service to our people at 
Edinburgh. Accordingly, December 3d, 
the advocate representing how ready judge 
Jeffreys was to join with the council for 
support of the government, it is recom 
mended to him to signify to the judge, the 
great resentments (sense) the council had 
of his kindness towards this kingdom, in 
giving his concurrence against such per 
nicious rogues and villains who disturb the 
public peace ; and desiring he may cause 
apprehend the persons of hiding and fugi 
tive Scotsmen, and deliver them securely 




on the Scots border, to such as shall be 

appointed to receive them." It is now 

high time to come to more particular 


Of the sufferings of particular persons, no 
blemen, gentlemen, ministers, and others, 
not to death, this year, 1684, 

LAST year we heard of the begun prosecu 
tion of the indulged ministers, and it is car 
ried on in the beginning of this, against 
the most of them now remaining, and to 
ward the end of it they are all turned out. 
It may not be improper to give here as much 
of the council s procedure against them as I 
can gather. 

By the justiciary records, I find January 
7th Mr Anthony Shaw minister at Newmills, 
a person of great piety and learning, appears, 
and his indictment is read, charging him 
with " holding a field-conventicle to two 
thousand persons and upwards, in the church 
yard of Colmonel, and with preaching, pray 
ing, and baptizing there, contrary to act 5. 
sess. 2. parl. 2. Char. II." The lords con 
tinue this process till the council s mind be 
known about it. The case seems to have 
been this, Mr Shaw at a communion, where 
the church of the indulged minister would 
not hold the people who came, as was very 
ordinary then and yet, preached at a tent in 
the church-yard. This was indeed a breach 
of his confinement, but all of them were 
guilty this way ; but according to the let 
ter of the law, it is made a field-conventicle, 
which was death to the preacher. And 
though he gave in a very moving petition, 
and was singularly moderate, yet such a 
man as he, after all his yielding, behoved to 
be processed for his life. January 8th, the 
justices, with consent of the advocate, as 
pursuer, desert the diet against him, and 
ordain him to find caution to appear before 
the council, January 10th. January 10th 
Mr Anthony Shaw being called, compeared, 
and the lords, upon his demission, declare 
the indulgence granted him to preach, to be 
void and at an end, and declare the kirk 
vacant; and ordain him to find caution not 
to preach, or exercise the function of the 

ministry within this kingdom hereaf 
ter, under the pain of five thousand 
merks, or otherwise remove off the kingdom 
within the space of a month after the date 
hereof, and not return without license, under 
the pain foresaid. When the sentence was 
intimated, Mr Shaw refused to find caution to 
desist from preaching- hereafter ; this was 
another great hardship put upon presby- 
terian ministers at this time that with their 
own hand they must unminister themselves; 
upon which the council order him to prison, 
till he find caution to remove forth of the 
kingdom, and not return, as aforesaid. In 
prison he continues till January 22d, where 
I find " the lords of council liberate Mr An 
thony Shaw, being old and infirm, caution 
being found, that he shall keep no conven 
ticle in house or field, or baptize and marry, 
but demean himself peaceably, and frequent 
ordinances where he lives, under the pen 
alty of five thousand merks." To this trou 
ble was this good man brought, and the at 
tack was almost general upon all the in 

Mr John Campbell, indulged minister at 
Sorn, and Mr James Veitch at Mauchli^ 
appear before the council, January 3d, and 
are charged with the breach of their con 
finement, and the probation remitted to their 
oath. They confessed they had broke their 
confinement, and prayed and exercised in 
private families, that they did not read the 
proclamation for the thanksgiving. The 
council declare their license void, and 
order them either to find caution to go 
forth of the kingdom against March 1st 
next, or not to preach or exercise their 
ministry, under five thousand merks, and 
to keep ordinances, and appoint them to go 
to prison if they find not caution. Mr 
James Veitch at this time went to Holland, 
where he continued under some trouble 
from Robert Hamilton and his party, but 
increasing in learning and grace till the 
toleration, he returned to his charge at 

Amidst those severities against the in 
dulged ministers, the council show some 
kindness to the relict of one of them, and 
January 223. gave to Mrs Wedderburn, 
whose husband died 1G78, and hath a nu 
merous family, the stipend of Dunlop parish. 




Whether Mr Gabriel Cuningham was 

preaching there or not, I know not; it 

was well the stipend went to no worse use. 

January 30th, Mr William Eccles indulged 
at Paisley, compears, and confesseth breach 
of confinement, and that he did not preach 
May 29th every year. The council declare 
his license void, and ordain him to find cau 
tion either not to preach, or remove off 
the kingdom. 

That same day Mr Robert Eliot indulged 
at Linton, is dealt with in the same way ; 
and Mr Thomas Black at New-Tyle, being 
cited and not compearing, is denounced. 

March 6th, Mr John Baird at Paisley, of 
whom before, had been cited against that 
day. A testimonial of his sickness is pro 
duced, and he is continued until April. 
Whether this sickness carried him to hea 
ven at this time, I know not, but I find no 
more about him in the registers. He was 
a minister of great learning and piety, and 
singular skill in medicine. 

April 8th, Mr William Erskine presents 
a petition to the council, showing, " that 
he had been now seven years close prisoner 
in Blackness castle, and other places, and 
that merely for preaching the gospel as he 
had received power from Christ, and that 
he was now turned valetudinary, therefore 
craving the council s compassion." All 
they do is to allow him to walk about the 
castle, and take the air with a keeper. And 
upon what reasons I know not, Mr John 
Hutchison is allowed to return from Ire 
land, whither the council had banished 
him in the year 1682, for his breach of his 
confinement. This liberty is granted April 
1st. The last of this month, Mr John 
Sinclair, who had been minister at Ormis- 
ton, was represented as having preached 
sedition abroad ; and we shall find him this 
year processed criminally. 

May 5th, Mr William Wisheart student 
in divinity, since the revolution minister at 
Leith and Edinburgh, and when I write 
this, the reverend principal of the college 
there, presents a petition to the council, 
bearing, "that having left his studies at 
Utrecht, to come home and visit his aged 
and dying parents, upon some mistake he 
was put in prison, as being one of those 
who deny his majesty s authority, whereas 

he disowns these principles, and nothing is 
laid to his charge, craving that he may be 
liberate." The council order his liberation 
as soon as the advocate is satisfied as to his 
principles, upon caution to compear when 
called. The advocate for some time ne 
glected to report, and so he continued a con 
siderable time in the iron-house, in no small 
trouble. About the same time the advocate 
is ordered to insist in a process before the 
justices, against Mr John Rae, for preaching 
at field conventicles some four or five years 
ago. September 15th, I find him sent to 
the Bass. He was a zealous successful 
gospel minister. We shall just now meet 
with Mr William Violant, upon another 
head attacked and laid aside. And August 
17th, the advocate is ordered to raise a 
criminal process against Mr Alexander 
Ross, a worthy minister in the north, for 
conventicles ; they could only be conven 
ticles kept in houses with people at the 
doors, for there were no real field-conventi 
cles in that country. 

September 16th, Mr John Knox, indulged 
at West-Calder, appears before the council, 
and is imprisoned, where he continued till 
the king s death. Having some attested ac 
counts of this worthy minister, and the in 
gratitude exercised towards him, I cannot 
but take notice of them. Mr Knox was 
son to Mr John Knox minister at Bowden 
in Teviotdale. The person I am now ac 
counting for, was ordained minister at 
North-Leith. W T hen a probationer, he was 
in the army and chaplain to Sir John 
Brown s regiment of horse, and was en 
gaged among the royalists in the battle at 
Inverkeithing. He was chaplain in the 
castle of Timtallan, when the English be 
sieged it ; and after he had safely conveyed 
my lord Angus and some ladies, to their 
boat for North-Berwick, he was deserted 
by the lieutenant and most part of the sol 
diers; yet he capitulated with the English 
and got very good conditions. He had an 
elder brother Mr Henry Knox, a youth of 
very bright parts, who waited upon the 
king in the time of his exile, and was more 
than once employed by the king, and sent 
over to Scotland, to negotiate his affairs. 
Mr John was one person to whom the 
king s letters to his friends in Scotland were 



directed ; and I have seen a letter writ by j 
the king- himself to him. yet in his son s ; 
hand, a copy whereof the curious reader 
will desire to see, and it follows. 

" St Germans, August Slst, 1652. 
" I am promised this letter shall come safe 
to your hands, and therefore I am willing-, 
that you should know from myself, that I 
am still alive, and the same man I was 
when I was amongst you. I am very much 
troubled for what you suffer, and am using 
all the endeavours I can to free you, and 
before many months I hope you will see I 
am not idle : in the meantime, I cannot but 
let you know, that I am in greater straits 
and necessities than you can easily appre 
hend, and thereby compelled to leave many 
things undone which would be of advan 
tage to me and you. I could heartily wish 
therefore, that by your interest and negoti 
ation with these you dare trust, and who 
you know wish me well, some way might 
be thought of to assist me with money, 
which would be a very seasonable obliga 
tion, and could never be forgotten by me. 
I need say no more to you, but that I shall 
be glad to receive any advice or advertise 
ment from you that you think necessary 
for me, and shall always remain, 

" Your very loving friend, 


Notwithstanding of all these services done 
for the king in his straits, Mr Knox was 
turned out of his church in North Leith, at 
the restoration, because in conscience he could 
not subject to prelacy. Indeed he got the 
benefit of being connived at in West Calder for 
some years, till now he was summoned in be 
fore the council, and was charged with break 
ing his confinement, which every body knew 
none of the indulged kept, with not keeping 
the 29th of May, and baptizing children of 
other parishes ; and though he gave satisfy 
ing answers to all, and took the liberty to 
signify the peculiar services he had occasion 
to be employed in for the king, and the let 
ters he had under his hand, which he offered 
to produce ; yet no favour could be done 
him, unless he would give bond never to 
preach or exercise any part of the minister 
ial function in Scotland. To which he an 

swered. * He looked on himself as a 
minister of Christ, and would never 
tie up himself from preaching his gospel. 
Whereupon he was immediately ordered to 
prison, and lay there from September to 
February next, when the king died. 

The design was now formed to turn out 
all the indulged ministers, arrd either to 
make presbyterian ministers promise not to 
preach, or engage to go off the kingdom. 
Accordingly we shall afterward find it an 
instruction to the circuits in October, to 
examine all the indulged ministers, and lay 
them aside who had broken their instructions ; 
arid such as would not find caution not to 
preach, or remove off the kingdom, were to 
be sent in prisoners to Edinburgh. The 
managers now resolved to rid the prelates 
of all presbyterian ministers by wholesale, 
and at this time they came to no small 
hardships. They had carried most peace 
ably and loyally, to that degree, that the 
society people censured and reproached 
them, and no reason could be given for such 
hardships upon so many pious and godly 
men, but the malice of the prelates, to whom 
they had been eye-sores, and the prevalency 
of popish designs which were ripening very 
fast under the duke of York s influence. 

Accordingly, October 13th, I find Mr An 
thony Murray in prison, because he will 
not engage to quit his ministry; and the 
council allow him liberty to visit his dying 
brother the laird of Glendoick, upon bond 
to re-enter prison against the 20th of Nov 
ember, under the penalty of five thousand 
merks. And, October 30th Mr James Cur- 
rie is liberate from prison, upon condition 
he preach none, otherwise to forfeit his 
bond of five thousand merks. 

By an original letter of the reverend Mr 
John Carstairs, to the secretary of state, 
dated November 3d, it appears, that he 
looked upon it as a thing projected, that 
all presbyterian ministers should be silenced 
or banished. I shall insert part of h ; s letter 
relative to this, which likewise gives the 
present circumstances of this worthy and 
eminent minister of Christ. 

" Right honourable, and rny very noble lord, 
" I presume, necessity constraining me, upon 
the acquaintance I have the honour of with 




your lordship, humbly to kiss your 
hands with this line, and to beseech 
your lordship, that seeing 1 , as it would seem, 
it is resolved, that all presbyterian noncon- 
form ministers shall be either perpetually im- 
prisoned,or exiled his majesty s dominions,to 
grant me your lordship s pass to go out of my 
native country, (where I thought I would 
have been permitted to die,being an aged man, 
entering, if 1 live so long, the sixth of Jan 
uary next, into my great climacteric, and 
being so very infirm, that I have not but 
twice, and that not without some difficulty, 
walked between the Cross and Trone, these 
two and thirty months, nor so much as 
crossed the narrowest street or lane in Ed 
inburgh these twelve months bygone) un- 
clogged with any gravaminous condition, as 
of not exercising my ministry, (to which, 
whatever may be my practice, which I hope 
shall be without offence, I dare not engage, 
come of me what will) or of not returning, 
since that is on the matter a sentence of 
banishment, and construable withal, as the 
grant of my own desire. I can ingenuously 
declare to your lordship, I have no thought, 
let be fixed resolution, of returning, having 
some design to remove to such a distance, 
that it is more probable I shall die by the 
way than go the length, let be return ; and 
if ever I shall have thoughts of returning, 
which is not probable, I shall not do it with 
out acquainting your lordship first. If 
your lordship think fit to grant me a pass 
(which my lord secretary no doubt may, of 
and by himself, do to any subject under no 
sentence, censure, suspicion or citation,) to 
be gone in the spring, if I be in capacity, 
(having been, in the beginning of this year 
four whole months unable to take so much 
as one turn in my chamber, and a con 
siderable part of that time in bed, under 
great agony,) with some protection for my 
poor disconsolate family, to whom, at least 
the very short while I am to be with them, 
your lordship will allow me to be a mini 
ster, it will be a singular obligation." The 
rest of the letter goes on with a particular 
deduction of Mr Carstairs his very consi 
derable appearances for the king, when in 
a low condition, and his untainted loyalty 
to him, in the instances already noticed, af 
ter the restoration. He further appeals to 

his declaration before the council, four years 
ago, which hath likewise been considered, 
and concludes with a confident hope, that 
his lordship s generosity at least will secure 
him from being in worse case by this ad 
dress to him. What the reception or con 
sequent of this address to the secretary was, 
I know not, but I think, this singular and 
eminent servant of Christ died not long af 
ter this, and got beyond their reach ; yet 
still the ingratitude and severity of this peri 
od toward this worthy minister and others, 
was not the less, and many were brought 
to hard circumstances. 

By the registers I find, November 27th, 
that the council order "all the indulged 
ministers to be outed, because they kept not 
their instructions, and some of them did not 
keep the thanksgiving in September last 
year." And by the instructions given to 
the commissioners in different shires, De 
cember 2d, "the indulged ministers are to 
be obliged to give bond not to exercise any 
part of their ministry in Scotland," of which 
in its own room. And December llth, Mr 
Ralph Rogers, Mr William Tullidaff, and 
Mr Robert Boyd, refusing to give bond 
not to exercise their ministry while they 
remain in the kingdom, are ordered to pri 
son. January 8th, 1685, Mr Robert Boyd 
is liberate from prison, and confined to a 
house in Edinburgh. December 22d, Mr 
John Macmichan, Mr Cant, Mr Archibald 
Macgachan, are indicted before the justi 
ciary, for reset of rebels ; they appear and 
offer to abide trial. The diet is deserted 
simpliciter, and the last enacts himself, un 
der five thousand merks, to appear when 
called. And January 17th, Mr Macmichan 
and Mr Cant are brought before the coun 
cil, and their bond taken to live peaceably, 
and that they shall not preach. That same 
day, Mr Robert Bell, indulged at Dairy, 
his license is made void. Arid January 22d, 
Mr John Oliphaut, who had been formerly 
confined to his chamber, his confinement is 
renewed for a month. And February 3d, 
Mr Robert Dimcauson, and Mr Duncan 
Campbell, indulged ministers in Argyle, 
are sent to prison, upon their refusal to 
engage not to exercise any part of their 
ministerial work. Some more hints 
about them will come in next 




By other accounts, I find, that several min 
isters and others, in the year 1684, were 
made prisoners, as Mr George Meldrum, Mr 
James Urquhart, Mr John Stuart, Mr Alex 
ander Dunbar ; and all the indulged minis 
ters in the western shires and elsewhere, 
were summarily laid aside, and those of them 
who would not oblige themselves not to 
preach, were imprisoned, first in the tolbooth 
of Edinburgh, and then in Blackness or the 
Bass, as Mr Ralph Rogers, Mr William 
Tullidaff, Mr Anthony Murray, Mr John 
Greg, Mr James Hutchison, Mr Andrew 
Miller, Mr Peter Kid, Mr John Knox, Mr 
Walter Mowat, Mr James Currie, &c. 
This is all I can give relating to those wor 
thy and useful ministers of Christ, now laid 
aside, and I have chosen to put it all to 
gether in this place. I come now forward 
to take notice of the hardships gentlemen 
and others were brought to this year. 

January 3d, John Millar of Watershaugh 
petitions the council, that he hath been in 
prison these nine months for alleged cor 
respondence with rebels at Bothwell, and 
no proof brought against him, craving to be 
liberate. The council order him to be lib 
erate from the Canongate tolbooth, upon 
his giving bond and caution, under the pen 
alty of five thousand pounds sterling, that 
he shall answer to any crime laid to his 
charge, upon six days citation at his house; 
and that in the meantime he shall live or 
derly and frequent ordinances at his own 
parish-church. I have no more concerning 
this gentleman ; but five thousand pounds 
sterling was a most exorbitant sum, upon 
mere suspicion of correspondence. 

We heard of Sir William Scot of Harden 
his case last year ; and that upon his exor 
bitant fine of 46,000 pounds, for his lady s 
nonconformity, the council had applied 
to the king, for power to remit fines, 
where husbands were loyal. January 22d, 
he presents his petition for his enlargement. 
In this extraordinary case, I shall set down 
what I meet with in the registers. " January 
22d, there being a petition presented by Sir 
William Scot of Harden, desiring some en 
largement in his prison in Edinburgh, where 
he continues for his fine imposed on him by 
the council ; upon debates and consideration 
had of that affair, it was proposed that the 


state of the affair might be remitted 



to the king s majesty for Lis approba 
tion, and to know his further pleasure as to 
their procedure for the future, in the case of 
husbands being made liable for their wives 
withdrawing from public worship: re 
solved, that a letter be sent with instruc 
tions, by the earl of Perth, and that the 
lords of the clergy, such members as are 
lawyers, with duke Hamilton, meet to 
morrow, and draw them." We have seen 
this was done, and sent up, and what answer 
was returned. However they resolved to 
abate nothing to Sir William of the 1500 
pounds sterling they had modified his fine 
to. The same day, " anent a petition pre 
sented by James Scot of Bristol, showing, 
that Sir William Scot of Harden being de- 
cerned by the laird of Meldrum, in the sum 
of forty six thousand pounds Scots, as the 
fines of conventicles, and withdrawing from 
ordinances, he obtained from the council a 
suspension, wherein the petitioner became 
caution for him, which being called before 
the council, they turned the decreet to a 
libel, in respect that Sir William Scot s 
lady hath not deponed as to her withdraw 
ing. And the council having thereafter 
taken her oath, they found the letters or 
derly proceeded in, ay, and while Sir Wil 
liam Scot made payment of fifteen hundred 
pounds sterling ; and therefore humbly 
supplicating the council to compassionate 
the petitioner s family, and sist execution." 
The council sists execution till the first of 
April. Sir William was long in prison, and 
it is but a few more hints I can give of him. 
May 5th, he is sent to the tolbooth of Jed- 
burgh. Upon his petition, July 24th, he is 
brought back again to Edinburgh prison. 
August 1 9th, the council having given some 
hope of Sir William Scot s liberation, Sir 
Patrick Scot of Ancrum gives caution to 
present Sir William Tuesday next, under 
the penalty of fifteen hundred pounds ster 
ling; and August 26th, Sir Patrick and 
Sir William Scot being called, and not 
:ompearing, the bond is declared forfeited, 
and letters of horning direct for fifteen 
hundred pounds sterling. 

The next gentleman 1 meet with before 
the council, is Mr Thomas Hamilton of 
Raith, His process last year was very ill 




grounded and iniquitous, and the 

council are so sensible of this, that 

they interpose for a remission. February 

21st, the council write the following letter, 

and send his petition inclosed to the secretary. 

" Right Honourable, 

" The inclosed petition from Mr Thomas 
Hamilton, forfeited by the sentence of the 
justice-court, for his accession to the late 
rebellion, being addressed to his majesty s 
privy council, they, in consideration of sev 
eral favourable circumstances .in his case, 
and of his loyalty, have thought fit to recom 
mend to his majesty, for a pardon as to his 
life only, and that to be expede the several 
offices gratis, because of his great poverty. 
" ABERDEEN, Cancel." 

The humble petition of Mr Thomas Hamil 
ton, prisoner, second lawful son to Mr John 
Hamilton of Raith, Advocate, 

" Showeth, 

" That whereas your petitioner, by sentence 
of the lords of his majesty s justiciary, in 
justice-air holden at Glasgow June last, was 
forfeited in life and fortune, for his being 
alleged present at the rebellion 1679, and for 
being art and part thereof, and for reset and 
converse with those rebels : and true it is, 
that the petitioner s mother s dwelling- 
place and residence, when he was attending 
her in her old age, is nearly sited unto Both- 
well-bridge ; and that the said rebels did 
ligger and camp in and about the said house, 
during the time they continued in arms; 
and that your petitioner was never seen 
actually in arms, as is evident by the proba 
tion adduced against him, and that his being 
present with them, harbouring and resetting 
them, did rather proceed out of the vicinity 
of his mother s residence to their camp 
and ligger, and out of youthful inexperience, 
ignorance, mistake, and error, than out of 
any disloyalty, disaffection, or evil principles 
towards his majesty s person and govern 
ment, which he ever accounted his duty to 
maintain ; and for his saying he was forced, 
and his owning the king in some of the 
rebels hearing, he was in hazard of being 
murdered by some of them, as was certified 
by the minister of the parish to his majes 
ty s advocate : and that your petitioner is 

sensible of, and most sorry for his said 
guilt, ignorance, or error, and mistake ; 
and as heretofore he never carried arms 
against his majesty or his authority, so he 
is willing to engage for the future, that he 
shall never take up or bear arms against 
his majesty, or his heirs, or lawful succes 
sors ; as also it is known, that the constant 
duty, sufferings, loyalty, and affection of the 
said umquhile John Hamilton, advocate, 
father to your petitioner, in the late rebelli 
ous times, towards his majesty, and his 
dearest father of blessed memory, and to 
ward their government and service, were 
very great: may it therefore please your 
lordships, to take your petitioner s case to 
your consideration, and recommend him to 
his sacred majesty, for a remission as to his 
life, and your lordships petitioner shall ever 
pray, &c. 


This good man got a remission, but when 
his father had been a sufferer for the king 
and his father, and himself evidently loyal, 
as the council themselves bear witness, and 
was not in arms, but only with the west 
country army when encamped about his 
mother s house, it was a new instance of the 
unparalleled severity of this period, that his 
estate and moveables were forfeited. 

March 13th, The case of some gentlemen 
of Renfrewshire, who had been most ini- 
quitously fined for irregularities, and not 
keeping their parish-church, by the sheriff- 
depute there, came to be considered by the 
council, when inquiring into the fines, as we 
heard upon the former section, and I shall 
give a hint at their process, that the iniquity 
of this period may further appear. 

James Pollock of Balgray, a religious 
and sensible gentleman in the parish of 
Mearns, had a decreet passed against him 
for a prodigious sum. When he came be 
fore the council, nothing was found proven 
against him, except one conventicle, which 
he confessed. The council reduce the de 
creet, and fine him in fifty eight pounds 
Scots for that one conventicle, at which lie 
had been many years ago. A neighbouring 
gentleman in the same parish, James Ham 
ilton of Langton, was in the same circum 
stances, and was, for one conventicle, fined 



likewise in the fourth part of his yearly 
valued rent. We shall afterwards meet 
with Balgray this year. At the same diet, 
two other heritors in the same parish are 
before them, Matthew Stuart portioner of 
Newton, a knowing and religious gentleman, 
and John Pollock of Fawside, not far from 
him in the same place. I am in case to 
give some fuller account of this iniquitous 
process, from the original suspension of 
their charge hefore me. Both of them are 
charged to pay to Hugh Wallace his majesty s 
cash-keeper, the just fourth part of their 
yearly valued rent, and for each time of one 
hundred and fifty six times, they are al 
leged to have been present at house and 
field-conventicles, for the space of three 
years preceding the date of the letters of 
horning, and the eighth part of their said 
yearly rent, for their alleged withdrawing 
from their parish-kirk the former number 
of times, during the said space, and the 
fourth part of their yearly valued rent, for 
their having a child irregularly baptized every 
one of these three years, ilk of them toties 
quoties ; and that conform to a decreet pro 
nounced against them by Andrew Atchison 
some time sheriff-depute of Renfrew, in 
which he decerns the yearly rent of the 
said Matthew Stuart to be one hundred and 
seven pounds Scots, and that of John Pollock 
to be sixty three pounds Scots. 

This was the case of those two gentlemen, 
and the ordinary method now taken with 
all heritors of the presbyterian persuasion : 
and from this we may easily guess the terri 
ble nature of the fines now imposed, and ob 
serve how they are accumulated, and the very 
letter of the present law is stretched, and 
fines counted up above the real value of 
their estates for mere nonconformity during 
three years. Those accumulate sums, in 
deed, ordinarily ended in composition ; but 
then such decreets were a terrible handle 
for exorbitant oppression in those compo 
sitions. However in this case the council 
were so just, as to grant letters of suspen 
sion to this charge, upon reasons I shall in 
sert here as further documents of the ini 
quity of this period. The council find the 
said decreet was pronouced for null defence 
and noncompearance without any lawful 
citation, as appears from the decreet itself, 

where the council finds the citation 


only to have been at the parish-church 
of the Mearns, whereas it ought to have been 
at their dwelling-house, or at the market-cross 
of the head-burgh of the shire. Again the said 
decreet was pronounced partially, unjustly, 
and plainly out of pique at the laird of 
Blackball superior to those lands ; that gen 
tleman being one of the five commissioned 
by the council, by whose advice the sheriflT- 
depute was ordered to proceed. And be 
cause Blackball would not give way to the 
sheriff s extravagancy, and allow him to exact 
upon people at his pleasure, the sheriff 
picked out those two vassals of his from 
among some hundreds of feuars through the 
shire, in the very same circumstances with 
them, but vassals to other gentlemen and 
noblemen, and denounced them; yea, 
those two were never at any field conven 
ticles since the indemnity, nor had they any 
children born to them in the space libelled ; 
and when there was a minister in the church 
of Mearns, they kept the church in terms of 
law." Thus we see justice done them, but 
every one had not so good assistance to get 
the iniquitous decreets of inferior courts 
rescinded, as those two gentlemen had, 
though under the same oppression. I for 
merly noticed that this was a general case. 
Heritors upon their noncompearance (and 
all methods were taken when the sheriffs 
had a mind to decern them, to prevent 
their corapearing) were found guilty in all 
points of their libel, and the tine they were 
decerned in was summed up from the whole. 
" Lastly. It might have been noticed, that 
the sheriff had most extravagantly reckoned 
their valued rent, Mr Stuart s rent in that 
place being but forty pounds, and John 
Pollock s only twenty five pounds." This 
instance may give us a view of the methods 
now commonly used. Upon all these 
reasons the council suspend the charge, and 
yet obliged the two heritors to give bond 
and caution for the whole sum charged, till 
the business was discussed, although the 
matter was obviously illegal. And when 
the decreet was discussed, I am informed 
the complainers were liberate and the de 
creet found iniquitous. 

April 1 1th, I find a long decreet in the 
council books, against some of the magis- 



trates of Ayr, Provost Brisbane and 
others, with their counter complaints. 
It consists of a great many sheets of paper. I 
shall give a short abstract of it, as containing 
some hints, relative to this time, I have not 
met with elsewhere. " Anent our sovereign 
lord s letters, at the instance of Sir George 
Mackenzie, &c. his majesty s advocate, and 
Robert Hunter late bailie in Ayr informer, 
it is of verity, that William Brisbane late 
provost of Ayr, in the year 1682, to the 
contempt of his majesty, and the encourage 
ment of the fanatical interest in the town 
of Ayr, where the growth of fanaticism is 
much to be feared, did officiate as guild- 
brother of the said burgh, and the year 
thereafter as dean of guild, with a company 
of other fanatics as guild-brethren, without 
taking the test; and that in the year 1680, 
he did go to Mauchlin, where there was a 
pretended presbytery of irregular and in 
dulged ministers, and procured three or four 
unlicensed ministers, to preach, pray, and 
catechise in the town of Ayr, who accord 
ingly came ; which, if it had not been nar 
rowly looked unto, had been the utter ruin 
of the church in that place, the people be 
ing more inclined to follow the presbyterian 
ministers, than to wait upon the ordinances 
of orthodox ministers. And the said 
William always encouraging the presbyter 
ian party, being a present magistrate named 
by his majesty s privy council, in August 
or September, 1682, did invite and persuade 
Mr James Lawrie a presbyterian deposed 
minister, and Mr Matthew Baird an unli 
censed fanatical preacher, to wait on, preach, 
and pray to a malefactor condemned in the 
burgh of Ayr, wherethrough the malefactor 
on the scaffold did express herself in a most 
disrespectful manner of the orthodox min 
isters. And the said William did fine ex 
orbitantly several of his majesty s subjects, 
who had committed irregularities, out of 
curiosity, and exemed many notoriously 
guilty, and committed many irregularities 
in the election of the magistrates of the said 
burgh, in a violent and seditious way, 1682, 
and made an election, without any regard 
to the orders of his majesty s privy council, 
and chose several English fanatics, who had 
served under the usurper ; and he suffered 
Thomas and John Bowies, declared fugitive 

for the horrid crime of rebellion, to live in 
the said burgh, and hath overthrown the 
set of the burgh." 

An additional libel was likewise produced 

I by the said Robert Hunter, bearing, "the 
said William Brisbane provost of the said 
burgh, and Robert Dalrymple bailie, have 
suffered several disorderly persons to go 

I unpunished, though their children were six 
or eight months unbaptized; that 1680, he 
persuaded Mr James Rowat a fanatical and 
field preacher, to preach in the church of 
the said burgh, then plemshed with ortho 
dox ministers ; and they suffered the inha 
bitants to withdraw from the church." 

A counter libel is given in by provost 
Brisbane against Robert Hunter, " that he 
and William Cunningham late provost did, 
1680, dispense with several of the members 
of the town-council their not taking the 
declaration, as had been their practice for 
some years; and at Michaelmas 1680, did 
lay it aside, and neither took it themselves, 
nor offered it to the council; that the said 
William did give billets to the rebels before 
Bothwell, signed with his own hand, and 
called one Mr James Brown, a conventicle 
preacher, who was in the rebellion, and had 
been declared fugitive, to preach in the kirk 
of Ayr; and that he did entertain one James 
Paterson a rebel, now declared fugitive, af 
ter he had let him out of prison ; that at 
Michaelmas 1681, he himself refused the 
test, and prevailed with the council to de 
sert the magistracy, and refuse it. And the 
privy council, by their act, December 1681, 
having named magistrates, the said William 
made it his work to weaken their hands, 
and raise faction and division. And when 
the council, by their act, January 1683, 
appointed the trades in Ayr to take the test, 
he dissuaded them from it, and promoted a 
mutinous factious paper in name of the 
trades, protesting against the council s act, 
and gave false representations to his majes 
ty s council thereanent." This libel and 
counter-libel Avas the effect of party and 
heat in the place, and, as I take it, most 
part of the articles on both hands were fact, 
and both parties in their turns had favoured 
the suffering presbyterians. However, the 
council exculpate the first, and find, " the 
first and additional libels against William 



Brisbane not proven, and assoilie him ; and 
for the stopping- of all heats in that burgh, 
declare at Michaelmas next they themselves 
will make election of magistrates and coun 
sellors for next year, and discharge the pre 
sent magistrates to make any election at 
that time. And they delay to determine 
anent Robert Hunter at this time, but find 
the said William Cunningham guilty of 
several disorders, and the occasion of much 
disturbance in the said burgh, and declare 
him incapable of public trust therein, during 
pleasure ; and ordain him to pay the said 
William Brisbane five hundred merks for 
the expenses of this plea, and the charges 
of witnesses, and that the said William lie 
in prison till he pay it." 

By the following 1 petition given in to the 
council April 22d, we may see upon what 
grounds people were forfeited in life and 
fortune. And when the injustice is fully 
discovered, remissions as to life are only 
granted. Henry Boswell in Dunsyston re 
presents, "that whereas on the third of 
March last, he was found guilty by an as 
size of being among the rebels, the truth 
of the matter was, he was only seeking his 
horses which they had violently taken from 
him, June 2d, 1679, and that he recovered 
them, and returned to his own house that 
day, and that he hath taken the test at Glas 
gow. The council recommend him for a 
remission, as to his life, gratis." Many in 
stances of this nature might be given. 

By an original bond before me, dated 
June 13th, this year, I find James Hastiein 
Harelaw, in the parish of Carstairs, paid 
two hundred merks to Meldrum, for his 
nonconformity, and his alleged being at 
Bothwell, though he was not there. Mel- 
drum came and drave his goods, and they 
were not restored till this bond in common 
form was given, and he was very soon 
forced to pay it. This person was brought 
to no small trouble, for his adhering to his 
principles, before this time and after. By 
original documents in my hand, I find he 
paid the second half of the fine imposed by 
Middleton s parliament, without any rea 
son at all, being only then a tenant in San- 
diholm in Dalserf parish. Sir William 
Bruce s discharge before me is dated March 
27th, 1666, and acknowledges his receiving a 

hundred and fourscore pounds Scots 
from him, as the last half of his fine, 1684< * 
and discharges him. Such oppression as this, 
as well as conscience, made this person join 
in the rising at Pentland. And December 
18th, 1666, Raploch, sheriff-depute, goes to 
Sandiholm, and inventars James Hastie s 
goods, and delivers them over to the laird 
of Neilsland, as appears by a signed inven- 
tary of them before me, to be kept for duke 
Hamilton s use. June 1667, the duke dis- 
pones all goods and gear belonging to James 
Hastie fallen into his majesty s hands by his 
being in the rebellion in November last, to 
Patrick Hamilton in Neilsland, by his grant 
signed by himself June 3d, 1667. June 6th, 
Neilsland gives a blank assignation to James 
Hastie s whole goods and gear upon a bond 
granted him for an hundred pounds by Ma 
rian Clelland spouse to the said James. And 
indeed his whole valued goods are not much 
above that sum. He paid likewise two 
hundred merks as another fine for ecclesi 
astical disorders, to John Somerwel of Spit 
tle, and gets a discharge for his not keeping 
the kirk, and all other disorders ecclesias 
tical; but it mentions not the sum paid. 
This is dated Lanark, February 15th, 1687. 
This good man was frequently imprisoned 
upon those and the like accounts, and 
brought to great hardships and loss by 
quarterings ; many times he had ten or 
twelve soldiers, with their horses, quartered 
upon him. But particulars would be end 

Upon the former section we heard of the 
trouble brought upon several heritors in the 
parish of Cambusnethan from the people s 
coming by them from the conventicle at 
Blackloch, June 19th, the council order Stu 
art of Ailanton, Stuart of Hartwood, Wil 
liam Cochran younger of Ochiltree, Walk 
er of Hack wood-burn, and Mr William 
Violant indulged at Cambusnethan, to be 
cited against July 1st. Those two excellent 
and religious gentlemen, brothers, William 
Stuart of Ailanton, and James Stuart of 
Hartwood, in the shire of Lanark, were 
most iniquitously fined, the first in 3000 
merks, and the other in 1000 pounds. These 
gentlemen never gave any disturbance to 
the government ; they were chargeable with 
the breach of none of the laws. Indeed 



they still owned themselves presbyter- 
ians, and were eminent for piety, and 
conscientious nonconformists from prelacy, 
but had behaved themselves with that caution 
and temper, that they could not be reached, 
and always demeaned themselves as dutiful 
and loyal subjects. It was their happiness 
to live under the ministry of the reverend 
Mr Violant, and so they were not charge 
able with church-irregularities. Yet a han 
dle was taken hold of against them, one 
could scarce have expected, except in such 
a time as this, when nothing 1 almost could 
prevent presbyterians sharing in the rigour 
of this period. There had been a conven 
ticle kept, as hath been noticed, at a consid 
erable distance from their houses, and some 
armed men, in their own defence, came from 
that meeting through the parish where they 
lived, in their road homeward. Allanton 
was only accidentally looking out of a win 
dow in his own house, on the evening of 
the Lord s day, and saw them passing by. 
Hartwood met them on the high road, as he 
was coming home from hearing sermon at 
the church of Cambusuethan. This they 
both acknowledged, and there was no more 
could be laid to their charge ; it was not so 
much as alleged that they had conversed 
with any of them, or supplied them any way. 
And precisely, because the gentlemen did not 
raise the hue and the cry, as the proclama 
tion of council formerly mentioned, required, 
and raised not the country to seize them on 
the Lord s day, they are arbitrarily lined ; 
yea, this hardship was extended to several 
others in that parish. 

Mr William Violant, indulged minister in 
Cambusnethan, a singularly learned and 
worthy person, endued with the greatest 
temper and meekness of many men in his 
age, and exceedingly useful in that parish 
and the country round, this excellent min 
ister did not escape the fury of this time. 
The foresaid armed men, who kept together 
in their own defence, as long as they could, 
happened in their road likewise to come by 
Mr Violant s house, and because he did not 
raise the country on the sabbath, the bishops, 
whose great eye-sore he was, for learning, 
moderation, and temper, got him cited 
before the council, where after some time s 
imprisonment, he was banished for no other 

fault but what is above, and he continued 
under this till the liberty : yea, such was the 
rigour of this time, that a good many of the 
substantial tenants, and other country peo 
ple in this parish, were harassed upon this 
same score. David Kussel tenant in Stone, 
Archibald Prentice and John Clelland por- 
tioners there, and John Smith in the same 
parish, were apprehended and carried pris 
oners into Edinburgh, and kept in prison 
about three months, and fined in a hundred 
pounds, for no other reason but their not 
raising the hue and the cry against these 
people, when they came by their houses. 
But I come to give this process from the 

July 1st, the council pass a decreet, which 
is very long, and narrates the proclamation 
aneutthe hue and the cry, July 1682, and find 
Hack wood-burn, Allanton, arid Hartwood, 
guilty, and to be fined in the terms of that 
proclamation. July 2d, I find, the council 
order Allanton and Hartwood to be let out 
of prison, upon their engagement to satisfy 
the cashkeeper as to their fines. That 
same day, the council find the libel not 
proven against Mr Currie minister at 
Shotts, and Mr Peter Kid indulged at 
Carluke, andassoilie them. The sheriffs of 
the places through which those people 
went from the Black-loch conventicle, had 
been cited, and some other heritors; and 
so, July 17th, "The lords of his majesty s 
privy council, having considered the libel 
raised by the advocate, against the sheriffs 
of Lanark, Stirling, and Linlithgow shires, 
and the heritors there, with the defence pro 
pounded by the laird of Dnndas, that he 
knew not of the rebels passing through his 
grounds and lands, for several days after 
they passed, and that he was not on the 
place for several days after that time ; the 
lords repel the defence as conceived, and 
allow his majesty s advocate diligence, for 
proving that the rebels appeared upon, and 
went through some part of his lands, as they 
passed." We shall hear just now, that in a 
parallel case this very day, they sustain 
the same defence in the earl of Tvveeddale ; 
for it was now, " Show me the man, and 
I ll show the law." " And having considered 
the case of Mr William Violant, in 
dulged minister at Cambusnethau, with 



his declaration taken at Glasgow, and 
deposition taken before the committee of 
public affairs, find that he ought upon 
advertisement given him that the rebels 
passed by his kirk on Sabbath night, of 
June last, to have made trial and inquiry 
after them, and thereupon given advertise 
ment, conform to the council s proclamation, 
and that he hath most undutifully contra 
vened the same, and declare his indulgence 
to be at an end, and void, and discharge 
him to preach at Cambusnethan hereafter ; 
and ordain him to find caution, against the 
day of to remove off the kingdom 
and not return without license, or to find 
caution, in case he stay, not to preach or 
exercise any part of the ministerial function, 
under the penalty of five thousand merks ; 
and grant diligence against him to com- 
pear before the council, to hear and see the 
said sentence pronounced against him. 
And they leave James Walker of Hack- 
wood-burn to further consideration." 

That same day, July 17th, I find another 
process against the earl of Tweeddale, lord 
Torphichen, and a vast number of others, 
upon whose lands conventicles had been 
kept, and through whose lands the rebels 
had past from the conventicle at Cairnhill. 
The earl of Tweeddale appears and depones 
upon oath, " that he was not in the shire 
when the conventicles were kept, and had 
no knowledge of the same for some days 
after ; and that, to his knowledge, his 
deputies were free of the same. And the 
council assoilie the earl and his deputes." 
This is perfectly the same case, as far as I 
can judge, with the laird of Dundas, and 
we see what a vast difference is made. 
And the council order general Dalziel to 
send a party out to bring in the rest of the 
heritors. But I observe no more about 
them in the registers. As to Mr Violant, 
" he appears, according to citation, July 30th, 
and being asked, why he did not inform 
against the rebels; he answered, because 
he thought a minister not instructed so to 
do; and that he, as a minister, was not to 
inform in a sanguinary matter. And being 
interrogated as to the other part of the libel, 
whether he had broke the council s in 
structions, confessed he had preached with 
out his parish-church, and had baptized 

children belonging to other parishes, 
but refused to depone thereupon. 
And further added, he, as a minister, had his 
instructions from his great master Jesus 
Christ, and, as to those, behoved to obey 
him, and answer to him." The council 
repeat the former sentence, July 17th, and 
order him to prison, till he find cantiou 
as above, and to remove out of the kingdom 
within a month after his liberation. 

John Maxwell of Dargavel in the shire 
of Renfrew, had been fined most irregularly 
like other gentlemen of that shire. In his 
absence his fine had been accumulated to a 
great sum. Some interest was made for 
him, and I find, July 22d, his fine is sisted 
by the council, by reason of his exact 
regularity, for some time. Next day comes 
on the process of John Brisbane of Freeland, 
in the same neighbourhood ; and this 
gentleman is quite ruined by this excessive 
tine, near the value of the lands of Freeland. 
His decreet runs in the council-books, 
" The lords find John Brisbane of Freeland, 
by his own confession upon oath, guilty of 
being present at twenty-five house-con 
venticles, at some of which he hath deponed 
there were more present than the house 
could hold, so as some of them were with 
out doors, which by the law is declared to 
be a field-conventicle, and of constant with 
drawing from his own parish-kirk, since his 
majesty s most gracious indemnity in the 
year 1679, and fine him in five hundred 
pounds sterling, and ordain him to pay six 
thousand merks presently, and lie in prison 
till it be paid, and supersede the other three 
thousand merks, till they see how his 
future behaviour shall be. 5 

July 22d, I find Patrick Walker, a boy 
of eighteen years or under, before the 
council. He confesses he was present at 
the murder of Francis Garden one of the 
earl of Airly s troop, and refuses to dis 
cover his accomplices. Arthur Tacket 
confesseth he was in the rebellion, and 
lately with the rebels in arms in the shire 
of Lanark. The council ordain them both 
to be questioned by torture, to-morrow, 
before the committee for public affairs, at 
nine of the clock. Patrick Walker was 
ordered, July 23d, to the plantations, pro 
bably after he had undergone torture. The 




other we shall meet with at his exe 


August 1st, that excellent person lord 
Neil Campbell, brother to the noble 
earl of Argyle, had been cited before 
the council, for no other cause I can hear 
of, but that he was the son of the excellent 
marquis, and brother to the earl of Argyle. 
Nothing- worthy of death or bonds could be 
laid to his charge. " The clerks of council 
are warranted to receive caution for him, 
under the penalty of five thousand pounds 
sterling-, that he confine himself to Edin 
burgh, and six miles about, and compear 
before the council in a charg-e of six hours." 

August 6th, I find Robert Goodwin malt- 
man in Glasgow, is before a committee of 
the council, the justice-general, the advo 
cate, the bishop of Edinburgh and some 
others. There was no probation against 
him, but what resulted from his examina 
tion. He would not own the king s supre 
macy, nor promise to attend upon ordinances 
dispensed under the bishops, nor term Both- 
well rebellion, and thereupon is banished to 
the plantations, and remitted to prison. 
This religious worthy person had been cited 
to some courts, and did not compear ; that 
way he came to be insert in the Porteous 
roll, and was taken April 6th this year, in 
a search at Glasgow, with James M Lintoch, 
who was banished to Carolina. After he 
had continued some time in prison at Glas 
gow, he was brought into Edinburgh. He 
remained in prison till next year, with 
many others, he was sent to Dunotter, and 
when brought thence back to Leith, he 
found means to escape. He was upon his 
hiding since the year 1676, merely for non 

August 25th, Mr James Wei wood, doctor 
in medicine, well known since to the world, 
by his curious memoirs and other writings, 
is ordered by the council to be sent to Cow- 
par, there to satisfy the sheriff s sentence 
for his nonconformity. 

A new instance of exorbitant fining, 
offers from a shire whence we have not 
very many examples. August 19th, John 
Forbes of Lesly, in Aberdeenshire, com 
plains of his treatment by the sheriff-depute, 
to the council ; and their act about it fol 
lows. " Anent the petition presented by 

John Forbes of Lesly, bearing that he is 
fined by the hiird of Kinmundie for alleged 
irregularities, and particularly for his and 
his lady s withdrawing from the kirk, in 
the sum of twenty two thousand three 
hundred and twenty pounds Scots, by a 
decreet dated February 24th, 1684; where 
as the petitioner s practice was out of dis 
like at the minister Mr Alexander Mowat 
placed there contrary to his inclination, he 
being patron, and that he frequented ordi 
nances elsewhere." The petitioner depones, 
that his withdrawing was not from any dis 
like or disrespect to the government in 
church or state, and the council suspend the 
letters. It appears indeed Mr Forbes was no 
whig, Mr Mowat had gone out for the test. 

That same day the council go in another 
road, as to some fines imposed in Fife. 
Alexander Nairn of Sautford in Fife, com 
plains, that the sheriff had most iniquitously 
fined him in three thousand three hundred 
pounds for house-conventicles. The coun 
cil refuse his petition to have it suspended, 
and order it to be exacted. And dame 
Jean Telvil, lady Abden, complains, she was 
fined in absence by the sheriff of Fife, in 
two thousand pounds, but hath no redress. 

This same day, " John Campbell son to 
William Campbell of Over-Welwood, is or 
dered by the committee appointed to con 
sider the case of the prisoners, to be pro 
secuted before the council, in order to ban 
ishment." This is all I meet with about 
him in the registers, and his escape M ith 
that of many other good people, August 
21st, prevented further process. But it is 
worth the reader s while to take here a 
well vouched account of the treatment of 
this worthy gentleman, now Captain John 
Campbell of Over-Welwood in the shire of 
Ayr, yet alive, and able to attest every 
branch of this hard dealing with him arid 
his worthy brother. The captain is so gen 
erally known for his piety, good sense, up 
rightness, and bravery, that he is far above 
any character I can pretend to give him ; 
and I know well his extreme modesty will 
be grated by my saying this much of him. 
He gave very public evidences of his excel 
lent spirit after the revolution, when he was 
deservedly made a captain of horse, and did 
good service to his master king William in 



many parts of the kingdom. And the very 
same cause, and revolution-interest being at 
gtake, he is just now treading the same 
steps, and distinguishing himself by a most 
active and vigorous appearance for our only 
rightful sovereign king George. When I 
am writing this (1715) during the present 
unnatural and unaccountable rebellion, I 
will take liberty here to give all his suf 
ferings together, though some of them were 
in the after yeary. Toward the beginning 
of August, this young gentleman, scarce yet 
eighteen years of age, and his elder brother, 
William Campbell, about twenty, were 
living peaceably in their father s house, an 
excellent gentleman, who after all his toss- 
ings and troubles got safe to heaven in a 
good old age, and a full gale of joy, March 
5th last, 1715. They had never been en 
gaged in the least disturbance to the go 
vernment, and when both together in the 
fields upon the Wei wood hill, they were 
seized by a party of my lord Ross his troop, 
and carried into the house of the Welwood 
near by, whither a good many of the said 
troop were come to search for their father. 
He was happily out of the way at this 
time. When the two youths were brought 
in, the commander of the party, Bonshaw, 
cursed the soldiers because they had not 
shot them in the place they had found 
them, though there was nothing offensive 
about them, except it were two bibles found 
upon them, which, it seems, put him in a 
passion, and was looked upon by the soldiers 
as a certain mark of disloyalty. There 
they were kept prisoners till their father s 
house was rifled, and three good riding 
horses seized and taken away. And though 
nothing was, or could be laid to their 
charge, and the ordinary catechism was not 
so much as put to them, yet they were car 
ried away prisoners that night to Newmills, 
and lodged in the guard. Next day they 
were carried to the Dean, a house belong 
ing to the earl of Kilmarnock, where a gar 
rison was. It was like a begun hell to 
these religious young gentlemen, to be 
among the impious and profligate soldiers, 
their ears were grated, and souls vexed 
at the horrid profanation of God s holy 
name. Here they were kept till sabbath 
next, the ordinary travelling day to the 


I soldiers, when they were carried into 
Glasgow prison, and thrust into a 
] little room, and put into the irons from 
eight at night, till eight next morning 
! with two centinels upon them. Upon 
I Monday they were examined by the lord 
i Ross, and lieutenant-colonel Buchan, who 
were civil enough to them, and afterward 
I by lieutenant-colonel Windram, upon the 
ordinary catechetic questions. Captain 
Campbell remembers that the last asked 
him, if he would pray for the king. He 
answered, that he both did, and would, 
that the Lord would give him a godly life 
here, and a life of glory hereafter. Windram 
j said, " That is not enough, you must pray 
! for King Charles II. as he is supreme over 
! all persons and causes, ecclesiastic as well 
j as civil." The other said, in his opinion, 
! that was praying for him as the head of the 
! church, which belonged only to Christ, 
and he reckoned it arrogance in any 
creature whatsoever to claim it.* They 
were kept in the irons eight days, with 
two centinels watching them day and 
night with drawn swords, as if there had 
been somewhat very extraordinary in 
their case. And when at some times 
they would lift their heads to ease them 
selves a little, being sore crushed with the 
heavy irons, the centinels threatened to 
stab them. Thus they bore the yoke in 
their youth, and I am persuaded it was 
good for them. After this treatment, they 
were committed to lieutenant Murray, 
brother to the laird of Stanhope, to be car 
ried into Edinburgh. He was very severe 
and savage to them, and caused tie their legs 
together very strait with cords beneath the 
horse belly, and carried them into Edin 
burgh that day, in this uneasy posture, 
where they were put in the long-loft, as it 
was called, in the Canongate to! booth. 

Several times they were brought before 
committees of council, and examined upon 
the ordinary interrogatories of the time. 
The captain remembers, among the other 

# This throws much light on the intention of 
the judges in putting the question, and also on 
the reasons why the covenanters refused to pray 
for the king. It is plain that there is only one 
sense in which their praying for the king would 
satisfy; and that was a sense which involved in 
it a complete dereliction of their principles. Ed. 



questions he was posed with, after he 
had told his age, a day or two heyond 
eighteen, he was asked, it he was at Both well. 
He answered, "No; for he went but to the 
grammar school the Martinmas thereafter." j 
The clerk wrote down, "As to Both well, the 
prisoner answers, I was but young then, 
but had I been old enough, I would have 
been there." This was horrid injustice ; 
and from it we may guess at the ordinary 
methods used with country people. Mean 
while, it may be, this was the inward sen 
timents of the prisoner, but he could not 
let it pass. When read to him in order to 
his signing, he roundly told them, the 
clerk was unjust, and wrote down a lie, and 
what he had not said, and appealed to the 
lords present. The matter was shuffled off, 
and he sent back to the Canongate prison. I 
His brother had dissatisfied the committee j 
very much in his answers, and he was j 
separated from the rest of the prisoners, 
and sent to a little, vile, nasty hole, where i 
the vermin were so thick, as they might 
have been swept away. The captain was 
some little time after brought before the 
council, and re-examined upon the foresaid i 
questions. And when he gave them no 
great satisfaction, the old lord Collington | 
told him bitterly, he would face the Grass- | 
market. When threats moved him very 
little, some others of them changed their 
style, and calmly asked him, what is the 
reason you will not comply as your elder 
brother hath done, and abundantly satisfied 
the council. This was a flat lie spoken in 
judgment, and yet somewhat worse than 
the clerk s treatment of him. It was ex 
tremely vexing to him, however he stood 
his ground. When he was remanded to 
the Canongate prison, his soul was sore 
distressed with the account the counsellers 
had given him of his brother s compliance. 
He had no other way to disburden himself, 
his brother being now in close prison in 
the high-town tolbooth, but to write an 
unsigned letter to him, giving an account 
of what was said of his compliance, and 
signified to him in warm enough expressions, 
that though he was his dearest relation, yet 
rather than he should relinquish the cause 
of Christ, he would choose to see him suffer. 
This letter with a Bible was sent in by a 

woman to William Campbell, and was 
catched at the door ; whereupon the poor 
woman and his brother were immediately 
brought before the council, and strictly 
questioned who was the writer of the 
letter. The poor woman, Margaret Aird, 
who most probably did not know from 
whom the letter came, was tortured in 
thumbkins, and the boots were brought 
before William, and he threatened with 
them if he would not discover the writer 
of the letter; but nothing would prevail. 
This letter put them in such a fret, and 
indeed it was abundantly tart, that they 
ordered a committee of their number to go 
upon Saturday and examine the prisoners 
in the Canongate tolbooth upon it, parti 
cularly the captain, and his cousin John 
Campbell prisoner there. Somewhat or 
other fell in, which diverted the counsellors 
from coming, only they sent an order to 
remove these two from the room they were 
in, to the iron-house in the Canongate. This 
was a strange and unexpected step of 
providence in the captain s eye; for just 
the day before, he had fallen on methods to 
convey some instruments to the prisoners 
there, for breaking prison, without the 
least prospect of having any share himself 
in the designed escape. The orders were 
most welcome to them both, and to the 
iron-house they came. Upon Saturday s 
night, they began about eight of the clock, 
and wrought close till next morning, All 
their instruments were two gimlets and a 
chisel, and a board-iron. To-morrow they 
got more time to work, than upon any other 
day, and continued boring the joists, and 
having cobwebs in plenty, they covered all 
whenever they heard the jailors coming- 
in. Thus they continued two days and 
nights, until they got a good large breach 
made in the flooring above them, and on 
the third night they got another passage 
made in the flooring of the loft above the 
woman-house ; and having got a good 
quantity of small cords, sheets, and bed 
clothes conveyed to them, thirteen of them 
made a shift to get out underneath the palm 
of the Canongate steeple, and got all safe to 
the ground by the help of the cords and 
bed-cloth es,and escaped, save William Young, 
who was retaken upon Tuesday, and suffered 



in a day or two, and another who was 
wounded by a fall he catched. The two 
cousins travelled till they met happily 
next night at the hill of Tintock, and 
from that got into Ayrshire, where the 
captain s father, and William Campbell of 
Middle- Welvvood, joined them, and they 
spent that winter, and part of the next year 
together in the fields very privately, always 
lying in the open air, perfectly exposed to 
rain, snow, and cold. In April, 1685, they 
had made a little lodge for themselves, in a 
very retired place in the middle of the 
mountains. In a little time after, the 
highlandera came to that country, and dis 
covered their hiding-place, and they were 
forced to remove, and separate one from 
another. In a few days Middle-Welwood 
and his brother were taken by Claverhouse, 
and cruelly treated, and with others were 
sent to Dunotter. When Argyle was com 
ing in, the captain fell in with that excellent 
gentleman, afterwards lieutenant-colonel 
Clelland, and passed much of the summer 
1685, with him, and John, afterwards lieu 
tenant-colonel Fullarton, and that great man 
Mr Robert Langlands, Mr George Barclay, 
and Mr Alexander Pedin, and met with 
many wonderful deliverances, preservations, 
and provisions. When the noble earl of 
Argyle s attempt was disappointed, the cap 
tain was almost outwearied with his long 
difficulties, and took up resolution to go to 
Virginia, but was in a very remarkable way 
detained at home, God having service for 
him in his native country. At first he was 
put back by stress of weather, and when 
attempting a second time, was detained by 
his brother s sickness, and lastly by his own. 
In April 1686, that excellent youth, his 
brother William Campbell died of a decay, 
contracted by the terrible severities he met 
with in the prison of Edinburgh. He fell 
asleep in Jesus, in much peace and joy. And 
though there was as great endearment be 
twixt them, as perhaps ever was betwixt 
two brothers, yet the captain durst not ap 
pear at his burial. Thus he continued 
wandering up and down under no small 
hardships till the revolution, when he ven 
tured out and levied a troop of dragoons, 
man and horse, without any charges to the 

government, and mustered the same 


in the excellent lord Cardros s re 
giment, where he was very useful. 

To return to the register, August 26th, 
the council order a party to bring in the 
under-written persons prisoners to Edin 
burgh, who were present lately at a field 
conventicle kept within half a mile of 
Greenockj by Mr James Ren wick, where 
there was a child baptized. " Patrick Lang 
I maltman in Greenock, James Holm, William 
i Baird, William Andrew, James Warden, 
William Scot, Marian Muir there 
Linning who lived at Polmadie or little Go- 
van, George Muir in Rutherglen Tom 
in Polmadie, and some others." 

The same day, I find a petition given in to 
the council containing a most unaccountable 
oppression committed in the parish of Calder, 
by Thomas Kennoway depute to Meldrum ; 
which, with other facts of this kind, we may 
afterwards hear of, provoked some persons 
to bring him to an untimely end, November 
this year. I have no more about it but 
what is in the registers. Anent the peti 
tion presented by Robert Aitkin, and about 
two and twenty men and women, (whose 
names I insert not) in the barony of Calder, 
among whom are two minors and a cripple, 
" bearing, that they are charged with letters 
of horning, at the instance of the fiscal to 
the laird of Meldrum, and Thomas Kenno 
way his depute, for alleged not keeping the 
kirk, and not deponing for themselves, wives, 
children, and cottars, being fined in a hun 
dred pounds per piece, whereas, generally 
speaking, they pay but six pounds for their 
house, according to their respective charg 
es, by a decreet April 6th last, of which 
they complain as most wrongous. Imo. 
Because they were summoned only against 
the 23d, as the summons produced bear, 
and yet the decreet passed in absence upon 
the sixth day. 2do. All of them who got 
advertisement of that day, at their appear- 
j ance declared they were ready to bring tes 
timonials of their behaviour, under the 
minister s hand, which were absolutely re 
fused, and each of them were required to 
depone for themselves, family, and cottars, 
and because they would only depone for 
themselves, they were decreeted. 3tio> If 



the council would please to call for 
and see the said decreet, the said fis 
cal and depute would be holden ridiculous 
for acting the petitioners in such extrava 
gant fines, although they had heen guilty, 
as they are not, they being yet still willing to 
bring to their lordships testificates under 
the hand of their minister, for their orderly 
living. 4to. Michael Graham, who lived 
not in Calder these seven years, is fined for 
not keeping Calder kirk. 5to. The laird of 
Meldrum, by a special act under his own 
hand, acknowledged, that his fiscal and de 
pute had committed several abuses among 
the petitioners, and stopt diligence till he 
heard them, which is not yet done." Upon 
the whole they crave the fiscal and Ken- 
noway may be called before the council and 
examined, and they discharged. The coun 
cil ordain the laird of Meldrum to take the 
petitioners oaths, as to their keeping the 
kirk, being at conventicles, and their wives 
orderly carriage, and sist execution till the 
report be made. 

Almost at every sederunt of the council, 
new complaints are given in of exorbitant 
fines by sheriffs, and such as had a council 
power. August 26th, Robert Alexander 
of Corsclays, complains that he was fined 
by Ardmillan upon the 7th of February ! 
last, in 2808 pounds, for withdrawing from ! 
ordinances, by a decreet passed in his absence j 
when sick. The council repone him to his I 
oath. And by another complaint, I find 
Thomas Kennedy of Grange, by a decreet 
fined in twelve thousand pounds, he is re- 
poned ut supra. 

September 4th, the laird of Jerviswood is 
fined, for alleged reset and converse, in six 
thousand pounds sterling, as we shall hear, 
when I come to his case in particular. And 
September 10th, I find the committee for 
public affairs make their report to the 
council concerning fines. " That the lady 
Graden is fined by the sheriff of Teviotdale, 
in twenty six thousand and odd pounds, the 
lady Greenhead in sixteen thousand and 
odd pounds. The committee find reason to | 
sist execution as to her, and the council ap 
prove. And John Watson of Dunikeir in 
Fife, and his spouse, fined in 1050 pounds 
for irregularities, and the committee order 
execution." This is all I meet with in the 

council-registers ; but I have before me an 
extract of the fines imposed upon the her 
itors of the shire of Roxburgh, for not keep 
ing of the church, and exacted, taken from 
the letters of horning, as the extract bears, 
dated August 1 1th, 1684. I have not taken 
that particular notice of the exorbitant fines 
in each shire and parish, my materials lead 
me to, designing, if I can bring it to any 
bearing, to give a general estimate in the 
different parishes I have accounts from ; 
but this is such a prodigious sum from one 
shire, that I thought it deserved a room 
here, and give it as I find it in two differ 
ent copies of an extract of the decreet 

The laird of Riddell 

The laird of Bonjedburgh . 

Lady Cheaters 

Lady Timpindean 

Lady Mangerton 

Lady Castles .... 

Lady Hassendean . . . 

Scot of Alton 

Lady Fotherly . . . 

March Cleugh 
Laird of Greenhead 
Laird of Massendean . 
James Scot of Thirlstnne . 
Laird of Cherry-trees 
Laird of Ednam . . 
Lady Cranston .... 
Lady Know .... 
Eliz abeth Meikle and her husband 
Lady Garin berry 
Laird of Chatto .... 
Laird Bonjedburgh for himself and 
Lady Mangerton a second time 
Lady Craigend a second time . 
Lord Cranston with his lady 
Laird of Bonjedburgh a third time 
Sir William Scot of Martin 

Suinma totalis 


, 2,140 









. 31,344 
lady 1,500 

k 247 

. 1,412 
. 18,000 


Those fines imposed by inferior courts 
are not indeed to be compared with those 
imposed by the council, toward the end of 
the year, from which there was no appeal. 
I have formerly pointed at the methods by 
which fines for irregularities w r ere screwed 
up to this prodigious sum. In some the 
whole was exacted, especially in meaner 
persons, who had less ability to debate with 
the sheriff in his oppression ; all by the de 
creet were made liable in law, and execu 
tion followed, unless a sist were got ; but, 
generally speaking, compositions were 
made, and those were severely uplifted. By 
those the reader may guess what an incre 
dible sum an exact account of the fines ini- 



posed upon heritors in each shire of the 
west and south would come to ; and if we 
add to those the prodigious sums most ar 
bitrarily levied from tenants, cottars, and 
tradesmen, for mere nonconformity, of 
which it is scarce possible to recover any 
tolerable accounts, since they were all 
pocketted, and no account was to be given 
of them, we may form some notion of the 
dreadful oppression at this time. 

September 16th, the council order Hay 
of Park, Alexander Monro, and Campbell 
of Arkinglass, to be sent to Blackness cas 
tle, and kept close prisoners. The occasion 
is not insert in the registers. The last wor 
thy gentleman was a Campbell and proba 
bly laid up upon suspicion of the earl of 
Argyle s designs of making some attempt 
which was now talked of. 

September 25th, "The committee for 
public affairs, having considered the exami 
nation of John Brown tailor journeyman in 
Edinburgh, who declares he lived in Edin 
burgh those six years, was taken lately in 
Libberton s wynd, will not acknowledge the 
king s authority without his own limita 
tions, will not pray for the king since it 
ought to be done in a devout manner and 
place for prayer. Declares he thinks it 
lawful to take up arms against the king in 
defence of the covenant, and that the cove 
nant will be yet owned. Refuses to answer 
as to the archbishop of St Andrews, and 
whether it be lawful to hear the present 
clergy. Thinks Both well-bridge lawful, 
because those who were there were in self- 
defence, and refuses to subscribe." The 
committee order him to lie in the irons till 
further order. It is a wonder he was not 
straight sent to the justiciary, and the gal 
lows ; perhaps there was not a quorum of 
the justices in town. 

October 9th, the council allow physicians 
to visit James Hamilton of Aikerihead in 
prison. This gentleman was only confined 
for nonconformity, and it was hard enough 
after all he had endured, that when stand 
ing in need of physicians he should not 
have been let out, at least on caution. The 
same day William Niven in Pollockshaws, 
.vhom we shall afterward meet with, and 
John Hodge, are ordered to be sent to the 
plantations, because they would not take 

the oath of allegiance, or engage 
to regularity, or own Bothwell- 
! bridge to be rebellion. 

November 7th, the council have before 
them a petition from several gentlemen in 
j Roxburghshire, who had been exorbitantly 
fined. I give it as it stands, as a further 
evidence of what is above, It is but some 
of them who apply, who were in the decreet, 
and persons are here named who were not 
in the extract. And this application is only 
from such as were fined for their ladies 
nonconformity. " The following persons 
being fined, for their wives alleged with 
drawing from their parish kirks, and other 
irregularities, by the sheriff of Roxburgh, in 
the following sums, Samuel Morrison of 
Massindieu in 2285 pounds, Christopher 
Ker spouse to William Turnbull of Sharp- 
law, and the said William in nine hundred 
and fifty pounds, Eupham Turnbull spouse to 
John Douglas of Timpandean, and the said 
John in 1288 pounds, lord Cranston for his 
lady in William Ker of Chatto in 3 1,000 
aud odd pounds, Sir William Ker of Green- 
head in 16,000 and odd pounds, Walter Scot 
of Colston in 5000 pounds, Adam Scot of 
Hassendean in Andrew Edmiston 

of Ednam in and being charged, 

and having represented they were not le 
gally cited, and divers other reasons, desir 
ing they might be reponed." The council 
sist execution, and delay the further con 
sideration till the first Thursday of Decem 
ber. That same day John Scot of Wall 
petitions the council, but met w r ith less 
favour, " that whereas in March, 1 683, he was 
fined by Meldrum, and in October last, by 
the lords of justiciary, for his wife s with 
drawing from the church, which she did, 
not knowing the consequences of it, and 
that he himself hath lived most regularly, 
and is a zealous keeper of the church, and, 
with the rest of the heritors of Teviotdale, 
has lately given a proof of loyalty received 
by the said lords, craving that execution 
may be stopped." The council repel his al- 
legances, and ordain the letters to be put 
in execution. 

The partiality of the managers in this 
matter of fines, appears at every turn ; for 
notwithstanding of this refusal to the laird 
of Wall, the council, December 4th, act 



quite otherwise in the case of the 
laird of Balcanquel in Fife. " Anent 
the petition of David Balcanquel of that ilk, 
whereas the petitioner is required hy the 
sheriff of Fife, to pay the sum of 15,000 
pounds, upon the account of his wife her 
not keeping- the church, being three years 
valued rent ; and seeing 1 his loyalty and re 
gularity is notourly known, and may be 
attested; and seeing- it was never his ma 
jesty s intention, that his dutiful and well- 
affected subjects should be ruined by the 
road and wilful opinion of their fanatic 
wives, without any fault of their own; 
humbly supplicating the council, to take 
the same under their consideration, and 
discharge any further diligence against him, 
for the foresaid fine, seeing it is not in his 
power to persuade his wife to go to church, 
notwithstanding all the endeavours, for that 
effect, he has used with her, and he is will 
ing to deliver her up to the council, to be 
disposed of at their pleasure." The coun 
cil having heard and considered the petition, 
discharged, and hereby discharge the within 
written fine, and grant order to relax him ; | 
the petitioner nevertheless being always 
obliged to deliver up his wife to justice, 
when required by the ordinary, to answer 
for church-irregularities. 

December 24th, " The council order the 
lady Cavers to be liberate, upon her bond 
to leave the kingdom, and her payment of 
500 pounds sterling, formerly imposed by 
the council." This is all I find in the re 
cords. But, as I promised before, I shall 
now give some further hints of this excel 
lent lady s case, from other papers, and 
likewise of a process against her tenants, 
which was indeed most unaccountable, 
and both of them from authentic papers. 

We have before heard of her heavy 
trouble and imprisonment, November, 1682, 
in Stirling castle, where she continued till 
the close of this year, excepting a few 
weeks now and then she was liberate for 
her health; and such was the rigour of 
our Scots managers, that had not her son, 
this year as he came home from his travels, 
prevailed with some about court for this 
favour, and the liberation come that way, 
she had continued longer in prison. Her 
case was indeed very hard, to say nothing 

of her shining virtue and singular piety, 
and her being chargeable with nothing but 
simple nonconformity with prelacy, and no 
ways concerned in any thing against the 
government, nor could once be supposed to be. 
She was only a liferentrix, imprisoned 
now more than two years for an exorbitant 
fine of 500 pounds sterling, a sum exceed 
ing three years rent of her estate, without 
allowing any part of her said liferent, for 
her own maintenance, or that of her chil 
dren. The diligence used against her 
tenants bound them up from paying her 
money, and her rigorous and close impri 
sonment deprived her of the use of any 
means for her livelihood and subsistence. 
This brings me to the case of her tenants, 
which deserves a room here, as it was a 
proof of the injustice of the ordinary magis 
trates, and the palliating of it by those in 
higher stations, and was indeed a very general 
case to all the tenants who favoured suffer 
ing heritors. February 1 683, an arrestment 
was used in the tenants hands, and January 
this year, a decreet was pronounced against 
them by the sheriff of the shire, not only 
for what was due by them, in the time of 
the arrestment, but also for the full current 
year s rent. The tenants urged for them 
selves, very reasonably, that the arrestment 
was used in February, and they took not 
their land till two months thereafter, it could 
not be supposed that at the time of the ar 
restment, they were debtors for that year s 
rent, w r hen then they had not taken the 
land ; and no other diligence had intervened 
till Martinmas, which was the first term 
of payment ; they had then paid to the 
lady near the half of their year s rent, from 
which at least they craved to be assoilied, in 
regard that from the time they took the 
land to the said term of payment, there had 
been no diligence used by arrestment or 
otherwise, to put them in mala fide to pay 
the same. Meldrum s power with the she 
riff prevailed, contrary to law and reason, 
to repel this just defence, and the decreet 
was extracted for the haill, and letters of 
horning raised. 

By a paper of the tenants presented 
to the council, dated April 1st this year, 
I find William Douglas, James Harkness, 
James Turnbull in Kirkton, William and 

CHAP. V1I1. 



Jean Staverts. James Lyden, and James 
Laing in Earlside, tenants to the lady 
Cavers, informing 1 the council, that an 
arrestment had been used in their hand, 
February 1683, at the instance of Hugh 
Wallace the king s cash-keeper, sequestrat 
ing- all then resting- by them to the lady, 
till her fine of nine thousand merks was 
paid ; that they were moveable tenants, and j 
renewed their tack for the next year in 
April thereafter, and had no new arrestment j 
laid on after the first, and therefore thought 
themselves safe to pay eleven hundred 
pounds of that new rent, at her call next 
term, for which they had discharges; that 
upon the 8th of January last, they were 
summoned before the sheriff of Roxburgh, 
and compearing, deponed on what was ! 
resting in their hand in time of the arrest 
ment ; and further, gave account of what 
they had paid since, and urged according 
to the very nature of all arrestments, that 
it could reach no further than what was in 
their hand, and could never look forward 
to a new tack ; that the sheriff delayed to I 
pronounce his interlocutor upon that head, 
till he had advised the case : however a 
decreet was passed in their absence, without j 
ever receiving summons to hear and see 
sentence pronounced, and upon a Friday, 
which was never the ordinary court day, 
and they have ground to doubt whether the 
decreet was pronounced in the ordinary 
place of judgment; and upon this pretended 
decreet without citation, they have now 
received a charge to make full payment of 
the whole year s rent, upon the 2 1st instant, 
while the term of payment of the last half 
is not due till Whitsunday, and the peti 
tioners are like to be distressed before the 
legal term of payment." 1 need scarce re 
mark, that such stretches as these were 
very frequently made now before the most 
part of the ordinary courts, in cases wherein 
any of the persecuted party were concerned ; 
and this confirms the general remark which 
occurs frequently, that oppression upon 
civil liberties still goes along with oppression 
in matters of conscience. 

Together with the foresaid informa 
tion, the lady Cavers tenants petition the 
council, that since they had done nothing 
in this matter, but what they thought was 

the part of dutiful tenants, and if 
they were forced to pay the half 
year s rent over again, it would ruin them 
and their families, that the decreet might 
be discharged, at least till they should be 
fully heard before their lordships." This 
petition was rejected, though indeed very 
reasonable. About the middle of May, the 
tenants were by virtue of a caption appre 
hended by a messenger, and by a party of 
Meldrum s troop brought down to Jedburgh 
tolbooth. They were afterwards allowed 
some few days to go home, in order to 
make up their money ; and I find they 
were also discouraged by the finings and 
harassings they were put to, that, had not 
the laird of Cavers returned that year, and 
got the prosecution stopped, they had all 
left the ground. 

I have no further anent this excellent 
lady, save her petition and her son s given 
into the council this year, the particular 
date is not added, but probably the act of 
council liberating her followed upon them. 
They deserve a room in this place, as con 
taining a further account of the state of 
this worthy person s case. The lady 
Cavers petition bears, " That whereas by 
their lordships sentence upon the day 

of November, 1682, she was fined in five 
hundred pounds sterling, and committed 
prisoner to the castle of Stirling, until the 
same were paid, precisely upon her refusing 
to give her oath upon the points of her 
libel, which did not proceed from any 
contumacy, but out of a tenderness she 
hath ever had to give her oath, in any case 
almost, but will not decline the most exact 
and strict trial in the matters whereof she 
is accused; and is so conscious of her own 
innocency, that she doubts not it will be 
evident to the council, she was misrepre 
sented to them by misinformations, pro 
ceeding either from malice or mistake, to 
which she is the more exposed, being a 
person who lives abstract from all company, 
employing her time in the education of her 
numerous fatherless children." She begs, 
" that the lords may consider the mean 
ness and smallness of her estate, a jointure 
not exceeding an hundred and fifty pounds 
sterling a year ; that she is in debt, and 
bound to aliment her younger children, 



five in number; and pleads, that 
unless the council relieve her from 
the fine, she and her small children, the is 
sue of a family, who for many years 
have served their king and country 
faithfully and honourably, will not only 
be reduced to ruin, but starving. That 
by her long and tedious imprisonment, her 
health and estate are impaired exceed 
ingly. She adds, that in time coming she 
resolves to live inoffensively to the whole 
world, educating her children, and enjoying 
herself in her recluse and desolate condition, 
without meddling with any persons or affairs 
in the world. Upon the whole she craves, 
that their lordships may, in compassion to 
the widow and the fatherless, remit her and 
them the said fine ; and if they think it ne 
cessary, favourably to represent her case to 
his majesty, who, she submissively hopes, 
will grant her humble desire; and in the 
mean time, that they will permit her to in- 
tromit with her jointure, for alimenting five 
poor fatherless children, which she thinks 
it will scarce be able to do, in respect of the 
meanness of it, and the debts wherewith it 
is already burdened." 

By any thing appears to me, this reason 
able petition, very pathetically drawn, had 
no weight with the council, till her son, Sir 
William Douglas of Cavers, now come home, 
presents another petition to the council, 
representing, " that his mother being sever 
al years in prison for nonconformity, and 
not keeping the church, he, though desirous 
of her reclaiming, yet out of respect to the 
king s laws and government, will propose 
nothing that may be of evil example to 
others ; and therefore only begs she may be 
allowed to come to her friends and relations, 
and that he may be received cautioner for 
her, that she shall live regularly, or, within 
three months after the date of her liberation, 
remove forth of the kingdom, and not re 
turn without special allowance; by which, 
adds he, the country will be freed from any 
alleged prejudice she may do in case of non- 
compliance, and the law be salved, and 
sufficient terror given to others. And he 
urges, that the justices ordinarily allow this 
even to such as are denounced fugitives ; 
and the council hath already granted it to 
the lady Longformacus, lady Moriston, and 

others. And concludes, with representing 
that this will be a far more effectual reme 
dy than imprisonment, which being within 
one s native country, becomes familiar and 
easy in a short time." 

The former sentence of the council is all 
I know of in answer to this representation, 
and we see the managers have no mind to 
part with the lady s unaccountable fine, 
after so long imprisonment, and she is ob 
liged to take on a voluntary banishment 
from her native country and small family. 
No further accounts have come to my hand 
of this worthy person s sufferings ; but sure 
matters were at a miserable pass, when a 
son was necessitate in such terms, to peti 
tion for so good a mother, and so honoura 
ble a family; and many others were treated 
much the same way, merely for nonconform 
ity, and not counteracting the light of their 
own conscience. 

John Linning dyster in Glasgow, was 
this year imprisoned fourteen weeks, mere 
ly for alleged favouring of the sufferers. 
The case of this good man was singular, 
and aggravated the severity used towards 
him. He had lost his sight entirely, and 
had been frequently incarcerate and threat 
ened with imprisonment, but because of his 
blindness, was soon let out ; this year he 
was kept close prisoner near four months. 
And to such a pitch did the inhumanity of 
this period run, that when a child of his 
came to be very near death, and frequently 
and passionately cried for her father, he 
made earnest application to the magistrates 
of Glasgow, for liberty to converse with his 
dying and affectionate child, were it but for 
an hour or two. But so reasonable a favour 
could not be granted, though he offered 
bond and caution under what penalty they 
pleased, to return to prison at whatever hour 
they should appoint. The child died with 
out the satisfaction of seeing her parent, 
neither was he allowed to come forth to 
her burial, though he repeated his offer of 
bond and caution to them ; all this was the 
more unaccountable that he was blind, and 
consequently out of case to flee from their 
rage. He is yet alive, vouching every part 
of what I have set down. 

A great deal more might be added in this 
section, as to the particular treatment of 



gentlemen and others, were it not that 
1 have left the prosecutions with relation 
to the last year s plot, and those fined 
to the value of their estates, in the close 
of this year, to sections by themselves. I 
shall only add, that at the same diet of 
council, the laird of Pitlochie is let out 
of the Bass upon promise to go to the plan 
tations. In his petition to the council 
he promises to take Mr Archibald Rid 
del with him, and offers to be caution 
for him in five thousand merks. We 
shall meet with him again next year. 
And that same day, dame Margaret Weems, 
lady Colvil, petitions the council for a better 
room than she hath in Edinburgh pri 
son ; which is granted her. I have been 
told, she met with very unworthy treat 
ment for a person of her quality, when 
imprisoned upon her refusal to pay a fine, 
which was extravagant, for her nonconfor 
mity; but having no distinct accounts of 
her,* I end this section. 

Of the proceedings of the criminal court, 
forfeitures, and public executions this y ear ^ 

IT is time now to come forward to the suf 
ferings of a considerable number of good 
men unto death this year, and the forfei 
ture of others, some absent, and others of 
them in heaven before this time, and the 
public executions. The procedure of the 
justice court against those alleged to be 
concerned in the plot, I shall give altogether 
next section, and that will considerably 
shorten this. To give the reader an account 
of all that were relaxed, deserted, and con 
tinued before the justice court, for the three 
or four last months of the last year, and a 

* Her name was Margaret Wemyss daughter 
of David Wemyss of Fingask. Her husband 
was Robert, second lord Colvil of Ochiltree, who 
succeeded his uncle 1662, and died at Cleish 12th 
February, 1671. (Lament s Annals.) Since the 
year 17H8, when the house of lords decided 
against the claims of a person calling himself 
Robert lord Colvil, this family may be consid 
ered as extinct. It is scarcely necessary to add 
that the Colvils of Culross are a different family 
from the old Colvils of Ochiltree, but lineally 
descended from them, and now their only legi 
timate representatives. Wood s Peerage, vol. I. 
page 355, &c. Ed. 


good part of this year, for alleged 
reset and converse, and state crimes, 
would be almost to copy the whole criminal 
books. Indeed for many months, I meet 
with no other business before them, save 
two or three deforcements of messengers. 
I only shall notice some of the more re 
markable processes. 

January 18th, the laird of Auchinleck, 
Sir John Riddel, the laird of Stevenson, 
Hartwood, Aikenhead, Dunlop, and a good 
many other gentlemen, who had been re 
mitted by the circuits to the criminal court 
at Edinburgh last year, and continued till 
now, are delayed till March and April. We 
shall hear more of some of them afterwards. 

February 18th, I find three persons before 
the justice court, and all of them condemned 
to die. The first is George Martin, some 
times notar, and reader at Dailly in the shire 
of Ayr ; by other accounts, I find this per 
son had endured most patiently, a very long 
tract of sufferings. He was taken towards 
the end of the year 1679, and perhaps was at 
that rising, though my accounts are not 
positive in this; and for four years, and 
some months, he continued under very 
great severities ; for much of that time he 
was in the irons night and day, and mostly 
without fire and other necessaries, in the 
hardest seasons. The grounds of his sen 
tence, which he speaks of in his speech at 
his death, are much the same I find in his 
trial, " his not allowing the king s authority 
as now established, that is, the supremacy ; 
his refusing to pray for the king in a super 
stitious manner, as his words are ; his re 
fusing to declare his opinion about king 
Charles death, which, he said, he would not 
meddle with; his saying bishop Sharp s death 
was a just judgment of God upon him, what 
ever the actors were ; and his refusing to 
call Bothwell rebellion, and to renounce 
the covenants." But to come to his trial 
as it stands in the justiciary books ; he is in 
dicted for treason : the probation adduced is 
his own confession when examined. " Feb 
ruary llth, being interrogate if he own& 
the king to be lawful king, and will pray 
for him ; declares, he will not say he dis 
owns him, but owns all lawful authority 
according to the word of God. He wiil 
not answer whether Both well-bridge be rebel- 

Jion ; he will not judge of other | to examine 


* folks actings, he owns the obligation 
of the covenant, and will adhere to it while 
he lives. He will not call Both well-bridge 
rebellion, but says, if it was a rebellion 
against God, it was rebellion, if not, it was 
not rebellion. He will not subscribe. 
Being interrogate if the late king s death 
was murder, declares, they that did it had 
more skill than he, refuses to call it mur 
der, and says, he does not think it pertinent 
to give a declaration anent it." 

With him was in the pannel John Ker 
wright in the parish of Hownam, in Rox 
burgh. His examination and answers are 
likewise all the proof brought against him. 
" John Ker refuses to own the king s au 
thority. He says, the king lays things on 
his subjects contrary to the word of God, 
and so he cannot own his authority ; that 
Bothwell-bridge was lawful, as a defence of 
the truth. As to the bishop s murder he 
says, it is not his part to judge. As to the 
late king s murder, he refuses to answer. 
He owns the covenant, and adheres to the 
ends of it. Refuses to sign." 

The third person before them that same day, 
was James Muir at Cesford-boat. The proof 
is the same as to him. " He refuses to own 
the king s authority, but owns all lawful 
authority, but says his is not lawful. He 
refuses to call Bothwell-bridge rebellion, 
and refuses to call the bishop s death mur- 
der, but says he was not there." 

All those confessions are judicially owned 
before the lords, and George Martin adds, 
" If the king would invade him, he would 
defend himself by arms." The assize brinir 

to examine their ownselves more. He 
declares he owns magistracy and lawful au 
thority, agreeable to the will and command 
of God, the one lawgiver, as much as any 
in Scotland. He dies, forgiving all persons 
all the wrongs done to him, and wishing 
them forgiveness, as he himself desires to 
be forgiven of God, and enters eternity in 
much peace and joy. 

The Cloud of Witnesses says, John Gilry, 
wright in the parish of Hownam in Teviot- 
dale, was executed with George Martin. 
This person must be the same, by some mis 
take or other, with John Ker mentioned in 
the registers. I have before me two original 
letters signed John Gilry, from the iron- 
house, December 2?th, 1C83, which savour 
much of humility, self-diffidence, and meek 
ness ; wherein he offers many solid grounds 
of support to sufferers, and presses them to 
observe providences, and believe well of 
God. I doubt not but it is the same per 
son here mentioned, and know no more 
about him, but what the foresaid collection 
gives, that the grounds of his sentence were 
much the same with George Martin ; and 
that he died in much serenity and peace, 
adoring free grace, and adhering to the 
truths of Christ, and firmly trusting in him 
for salvation. 

It is probable James Muir likewise suf 
fered with them. I shall only notice fur 
ther here, that it must remain an in 
delible stain upon this period, that so 
many good men, whom the Lord owned 
so much at their death, were butchered, 
and led to the slaughter for their princi 
ples, and conscience sake, and merely 

them in guilty of treasonable positions, ex- | because they are not able, without going 
pressions, and opinions, conform to their over the belly of their own light, to express 
confessions. And the lords sentence them their loyalty and approbation of magistracy, 
to be hanged at the Grass-market on Friday in the large and sometimes sinful terms now 


" In the beginning of March, that excellent 
man, Mr John Dick, before sentenced to die, 
and having made his escape, is now appointed 
to be hanged at the Grass-market,March 5th." 
This is all about him in the records this 
year. Let me give some larger account of 
him, from the criminal records, the last year, 
when he was condemned, and other papers. 
There is a printed account, called the testi 
mony of Mr John Dick, published some 

Nothing appears to me, but all the three 
were accordingly executed at that time, 
though the Cloud of Witnesses speaks only 
of George Martin and another, of whom 
just now. George Martin s speech is set 
down in that collection, and he delivers him 
self in a great many good directions, and 
endeavours to guard his hearers against 
needless and useless disputations, and presses 
them to study the spirit of meekness, and 



years ago, in every body s hands ; but the 
errors and blunders in the papers of this 
pious and zealous sufferer there printed are 
so many, that had not the papers left by him 
been very large, I \vould have inclined to 
insert here a correct copy of them from a 
copy in my hands, taken from the original 
in his sister the lady Greenhill her hand ; 
but these being prolix, and the appendix 
swelling very much, 1 shall give but a 
short abstract of them, and intermix what 
I meet with in the registers about him. 
Before I come to this, I cannot but observe, 
that the publishers of the Cloud of Wit 
nesses, after a commendation of this 
excellent person, dismiss him, not without 
an innuendo as not coming up fully their 
length ; and leave this blot, as they take it 
to be, upon him, that he owned the 
Hamilton declaration, and the king s 
authority, in a restricted sense. Which 
one would think they might have spared, 
considering his freedom and faithfulness. 
Mr Dick was taken at Edinburgh, upon 
the information of a poor woman, being 
bribed, who after his execution fell in 
distraction. His father was a writer there, 
and Mr Dick, after his taking his university 
degrees, was prosecuting the study of 
divinity. Upon the 29th of August 1 683, 
I find him examined by the committee of 
public affairs. His examination is printed 
very incorrectly, and, in his answers, Mr 
Dick hath the better in point of reasoning 
with the bishop. Upon the last of August, 
he was brought before the council, who, 
after the clerk had read the substance of 
his examination to him, and he had made 
many reflections upon it, at length he 
signed it in prccsentia. When they had 
got this evidence against him, they failed 
not to improve it. And, September 4th, he 
is brought before the criminal court, and 
with George Lapsley, as we heard, indicted 
for treason. " In as far as he had been at 
Bothwell in arms, and owned it as lawful, 
before the council, and treasonably asserted 
before them, that episcopacy was unlawful, 
and the laws establishing the same; that 
since the restoration, there hath been no 
free parliament ; that episcopacy and 
crastianism since established, are contrary 
to the word of God ; that the supremacy, 
as established, is most horrid blasphemy; 

( * 

, that persons assaulted at conventicles 
! may defend themselves ; that field- 
conventicles are lawful, and turning out 
presbyterian ministers, unlawful ; that the 
covenants are binding, and the test is an un 
lawful oath. Wherethrough he is guilty of 
high treason." For probation the advocate 
adduceth his own signed confession, which 
was read, and is inserted in the justiciary 
books; though it be printed, yet giving a 
short state of his case, I insert it here. 
" Mr John Dick, son to David Dick writer 
in Edinburgh, being called and examined, 
declares, he owns the work of reformation, 
as the same is contained in the Confession 
of Faith and Catechisms, conform to the 
covenant against popery, prelacy, erasti- 
anism, &c. and is resolved by the Lord s 
strength to abide by the same. Declares 
as to episcopacy and the laws establishing 
the same, he cannot understand it to be 
lawful, because since the king s restoration, 
there hath been no free or lawful parliament, 
as he thinks, by reason, that albeit the 
members thereof were elected in the 
ordinary way, yet when they met, there 
were unlawful oaths imposed upon them, 
whereupon severals of them left the 
parliament, and so he understands that 
it is not a free and lawful parliament. 
He thinks that episcopacy and erasti- 
anism established in that and subse 
quent parliaments, were contrary to the 
word of God, and that the supremacy 
therein established, is most horrid blas 
phemy." He observes in his own written 
account, that he added, directing himself to 
the chancellor, that he hoped his lordship 
would not take this ill, seeing he had 
sworn the same in the test. He pressed 
this might be added to what he was to sign, 
but it was not allowed. " Being interrogate, 
if he owns Hamilton and Sanquhar de 
clarations, he declares, he does not own the 
Sanquhar declaration, as containing some 
what contrary to his principles, such as the 
cutting off of the wicked. As to Hamilton 
declaration, having himself read it, declares 
he o\vns it ; and when they were invaded 
and assaulted in the exercise of the reformed 
religion, by any whomsoever, that they 
were obliged to stand to their own defence, 
and owns the lawfulness of field-conven 
ticles, and their being in arms to defeiwl 




themselves in case of being molested ; 
and that he himself was always ready 
to own and defend his brethren in arms, when 
invaded for religion ; and declares, that the 
invasion made against them at Pentland 
and Bothwell, they being in the exercise 
of their religion, was service done to the 
devil, and the resistance made by them in 
their own self-defence, was service done to 
God. Confesses, before Bothwell he 
hath ridden in arms with Mr John Welsh 
through the country, and blesses God for 
it. Confesseth, he was at a meeting at 
Lesmahago before Bothwell, where lieu 
tenant Dalziel came with a party upon 
them, and was one of those who engaged 
against the party. Denies he was at Drum- 
clog, but confesseth he was at Bothwell, 
and thinks Mr John Welsh stayed about 
half a year in the country thereafter, that 
he was only about eight days in company 
with him after Bothwell, in this kingdom. 
Confesseth, the king is lawful born king, 
and came lawfully to the crown of these 
kingdoms, and owns the king s authority 
conform to the word of God, that is to say, 
that he is in power to govern for the glory 
of GoJ and the good of his people, and 
to be a terror to evil doers, and en- 
courager of those that do well. He 
declares, the act, of supremacy, as explain 
ed by the parliament, and the turning out 
of the presbyterian ministers, and overturn 
ing of the work of reformation, most unlaw 
ful acts, and being expressly contrary to the 
word of God, cannot be binding upon the 
declarant. That the covenants are binding 
to the nations, and shall be so while sun and 
moon endure ; and that that oath called the 
test, is a most horrid and unlawful oath, 
and that he is not obliged to take the same. 
He declares, as to the killing of the arch 
bishop, he cannot give judgment anent it, 
it not being an act of his own, but some of 
those who were called the actors, whom he 
knew were godly and just men. 


When this was read to him before the 
justiciary, he judicially owned it, and being 
asked if he had any thing to add ; he an 
swered, " he had only one clause to add to 
his declaration, now turned to his libel, and 

I that was, that he was of opinion, all the 
blood of presbyterians shed those years by 
gone, merely for their principles, was mur 
der." This he pressed might be added to 
his confession, and held as a part of it. " The 
assize inclosed, and brought him in guilty 
by his own confession, and the lords ordain 
him to be hanged at the Grass-market, Sep 
tember 28th." His father and friends pro 
cured the delay of the day longer, than was 
at first designed. The printed narrative 
will let the reader into a fuller view of Mr 
Dick s carriage before the justices, and theirs 
toward him ; and particularly that the lords 
would not hear his defences, but caused the 
assize to inclose, who soon brought him in 
guilty, and then called him in, and intimat 
ed the sentence to him. When he heard 
it, he told them, " that to pass such a sen 
tence upon him, without hearing him in his 
own defence, was a practice never parallel 
ed among heathens." And going on, he 
was interrupted and ordered off. 

We heard last year hovV^ he and a great 
many others escaped, very remarkably, out 
of prison, upon the 16th of September. In 
his printed case, or testimony, there follows 
a very long paper, containing a large account 
of his case, and reflections upon the present 
persecutors ; which by written copies before 
me bears the date of October 1st, 1683, and 
probably it hath been written after his es 
cape, and for his own private use, and not 
with any design to have it published to the 
world. Mr Dick was taken again in the 
beginning of March this year, and when 
brought before the council, he declined to 
give account how he got out of prison, ad 
hered to his former declaration, and was 
remitted to the justiciary, who, March 4th, 
ordered him to be executed to-morrow. 
His carriage before the council and justici 
ary, and in the laigh council-house before 
he came to the scaffold, and his lasts words 
there and upon the ladder, are all printed 
in the above specified paper. This excel 
lent and zealous man, though frequently 
interrupted by the beating of the drums, 
hath many excellent things in his last dis 
course, and died in perfect serenity and 
great assurance. 

There are several pious and pleasant let 
ters of his, writ before his execution to his 




friends, before me, which indeed deserved a I 
room in the printed account. I shall only 
insert here his letter to his father the morn 
ing- before he suffered, as I take it, for it is 
not dated, being- but short, and breathing 
out much of his pious and fervent temper. 

" Dear Sir, 

" This hath been one of the pleasantest 
nights I have had in my lifetime, the com 
petition is only betwixt it and that T got 
eleven years ago, at Niostal in Northum 
berland, where and when in a barley ridge 
upon the Saturday s night and Sabbath 
morning, before the last communion 1 did 
partake of in Ford church, the Lord firmly 
laid the foundation stone of grace in my 
heart, by making me with my whole soul 
close with him upon his own terms, that 
is, to take him to be my King, Priest, and 
Prophet, yea, to be my all in all, to renounce 
my own righteousness, which at the best 
is but as rotten rags, and to rest upon his 
righteousness alone for salvation : as also 
to give myself entirely without reserve, in 
soul, body, heart, affections, and the whole 
faculties of my soul, and powers of my body, 
to be by him disposed at his pleasure, for 
the advancement of his glory, and the up 
building of my own soul, and the souls of 
others ; inserting this clause (being conscious 
to myself of great infirmity) that the fountain 
of free grace and love should stand open for 
me, so long arid so oft as my case should call 
for it. This my transaction with my whole 
soul, without the least ground of suspicion 
of the want of sincerity, which I found 
had been a missing in endeavours of that 
nature formerly, now my blessed Lord 
helped me to, or rather made in me, and 
solemnized that night and morning ere I 
came off that ridge. I confirmed it no less 
than ten or twelve times, and the oftener I 
reiterated, the gale continued so fresh and 
vigorous, that I was forced to cry, Hold, 
Lord, for the sherd is like to burst : so that 
I hope my dearest Lord is now a com 
ing, and that the hands of Zerubbabel, 
who hath laid this foundation, is now 
about to finish it ; and indeed he is now 
building very fast, for which my soul bles- 
seth him, desiring you may join with me 
in so necessary a work. I hope ere long 

the capestone shall be put on, the re- 
suit of all which shall be praises and 
shouting to him that sits upon the throne, 
and to the Lamb throughout all the ages of 
eternity, of long lasting eternity. This, 
with my earnest prayers while in the body, 
that the Lord would help you to mind his 
glory, and your own soul s eternal welfare, 
is all the legacy you can expect from him, 
who is both 

" Your affectionate son, and 
Christ s prisoner, 


" P. S. I hope, ere I go home, to get 
another sight of you. Let none see this 
till I be in my grave. The Lord gave me to 
you freely, so I entreat you be frank in giving 
me to him again, and the more free this be, 
the less cause you shall have to repent." 

This dying martyr s words upon the 
scaffold, and when he was upon the ladder, 
are printed at large. 1 shall only add his 
last words from the manuscript before me. 
They seem to be enlarged upon in the 
printed copy. " I am come here this day, 
and would not change my lot with the 
greatest in the world. I lay down my life 
willingly and cheerfully for Christ and his 
cause, and I heartily forgive all mine ene 
mies. I forgive all them who gave me my 
sentence, and them who were the chief 
cause of my taking ; and I forgive him who 
is behind me (i. e. the executioner.) I ad 
vise you who are the Lord s people, to be 
sincere in the way of godliness ; and you 
who know little or nothing of the power 
thereof, to come to him, and trust God, he 
will not disappoint you; I say trust in the 
Lord, and he will support or strengthen what 
ever trouble or affliction you may meet with. 
I remember, when Abraham was about 
to sacrifice his son, Isaac said, Here is the 
wood and the fire, but where is the sacrifice ? 
now blessed be the Lord, here is the sacri 
fice and free-will offering. Adieu, farewell 
all friends."* 

* The printed account of John Dick, to which 
Wodrow alludes, is entitled " A Testimony to the 
Doctrine, Worship, Discipline, and Government 
of the Church of Scotland, and the covenanted 
work of reformation as it was professed in the 
three kingdoms, together with au account of the 


[BOOK lllc 

1 684 ^ return to the justiciary-records, 
March 5th, the court have before them 
the process relating to Henry Hall of Haugh- 
head, deceased, Mr John Menzies of Winter- 
cleugh or Hangingshaw, of Calder- 

head, younger of Windyedge, Henry 

Bosvvell portioner of Dunsyston, Robert 
Steel portioner of Stain, John Mack por 
tioner of Hinselwood. They are all of them 
indicted, and found guilty (in absence) by 
an assize, of being in arms with the rebels, 
at Both well 1679, and are adjudged, except 
Haugh-head, to be executed and demeaned 
as traitors, when apprehended, and are for 
feited. Perhaps it is peculiar to this period, 
that persons, a good many years after their 
death, should be processed, witnesses led 
against them, and forfeited; and yet there 
are several instances of this now. 

We heard before of that good man Henry 
Hall. His estate was about six hundred 
merks yearly, and the laird of Meldrum pos 
sessed it many years, while his wife and 
children were cast out and reduced to straits. 
I find, by attested accounts before me, that 
Thomas Bogle of Bogles-hole, and Gavin 
Wotherspoon of Heathryknow, were forfeit 
ed for being at Bothwell. Whether it was 
this year or formerly, I cannot say ; if their 
names were in the registers, I have over 
looked them. 

March llth, the justices and advocate 
are in a good mood. " Anent the criminal 
process in dependence, against Sir William 
Lockhart of Carstairs, Mr Hugh Maxwell 
of Dalswinton, (who, towards the end of 
this year, got not so well off,) John Camp 
bell of Horsecleugb, James Campbell of 
Greenock-mains, and about eighty country 
people, who are present, the advocate de 
clares his majesty hath ordered the diet to 
be deserted against them j and the lords 
desert it simpliciter. 

Upon the 17th of March, the famous trial 
of Cesnock comes on, which I leave to the 
next section. The last of March, about 
thirty six, mostly tradesmen, are deserted ; 
and that same day, James Spreul apothecary 
in Paisley, now prosecuted for being in the 
late rebellion, was declared fugitive, because 
he does not compear. 

But let us take notice of what is doing at 
Glasgow, by those persons, we heard, were 
clothed with a justiciary power. There 
are no records of the proceedings of these 
commissioners, either at Glasgow or Dum 
fries, that I have seen ; and 1 shall give some 
account of them from other papers and nar 
ratives come to my hand. 

March 19th, five worthy and good men 
were executed at the cross of Glasgow, 
upon as slender a probation as ever was 

persecution of some of the most eminent in our 
days for their adherence to the same ; as it was 
left in write hy that truly pious and eminently 
faithful and now glorified martyr Mr John 
Dick; to which is added his last speech and be 
haviour on the scaffold," &c. Whatever may be 
thought of some of the sentiments advanced in 
this paper, or however we may disapprove of the 
manner in which Mr Dick with over freedom 
and perhaps an excess of plain dealing conveys 
his sentiments to the judges, no one will question 
the talent with which the argument is conducted, 
and the readiness with which the pannel replies 
to the charges of the court. A groat part of the 
pamphlet indeed consists of reasonings and 
pleadings which were intended to be addressed lo 
the judges, had an opportunity been given to the 
accused. But as the judges were not inclined 
to listen to such a lengthened discussion, Mr D. 
was obliged to confine himself in the actual 
pleadings to a few leading points, and the rest 
of his paper was prepared by him in his private 
moments, and left to be published after his death, 
as a testimony to the truth. Let it not be 
thought that the whole of the article is devoted 
to an exposition of the principles of this bold and 
righteous covenanter. It is delightful to find 
in it what we do not always find in the pole 
mical writings of the period, a large infusion of 
valuable and appropriate practical advices. 

With the statement and illustration of these, 
many pages are occupied. 1 shall give simply 
the heads of admonition in Mr D. s own words. 
" 1. Let there be a cordial endeavour in the 
strength of our blessed Master, as to strive against 
every sin without exception, so to close with 
every commanded duty with delight." 2. " I 
would offer for your exercise that indispensible 
duty of repentance, in exercising which I shall 
offer these few Christian advices First, let us 
dig deep in this matter Secondly, let us take a 
view of all our actual transgressions Thirdly, 
let there be much singleness of heart in this mat 
ter Fourthly, let there be much dependence on 
the Lord for grace." 3. " Let there be the 
actual exercise of the grace, the noble and foun 
tain grace of faith, as also of patience." 4. " Let 
us fall effectually about preparing of ourselves 
to meet our blessed Lord and Master whether as 
to his coming for our delivery in time or to 
judgment at the great day," &c. &c. Mr D. s 
views of doctrinal and practical religion are very 
clear and scriptural; and his testimony proves 
beyond doubt that he was not so occupied with 
the public concerns of the church and nation 
as to overlook entirely the great interests of per 
sonal piety. His speech on the scaffold and the 
whole account of his dying scene cannot be read 
without deep and tender emotion. Ed. 

CHAP. VII 1. 1 



sustained in any case, far less in a criminal 
process for persons lives, John Richmond, 
James Winning-, Archibald Stuart, James 
Johnston, and John Main. We have, upon 
the last year, heard how some of them were 
seized. John Richmond was pretended to 
have been at Ayrs-moss, but no probation 
was ever brought. He was taken in Glas 
gow as he was walking in the street, 
giving no provocation, by major Balfour. 
When he offered to seize him, John endea- | 
voured to escape, but was soon apprehended, ! 
and most cruelly used, though they knew j 
not as yet who he was, and had nothing to j 
lay to his charge, save his ilecing when i 
they offered to apprehend him. He was 
thence carried to the guard, and most un 
mercifully bound, his heels and his neck to 
gether, and left lying on the ground bleed 
ing of his wounds and bruises. In this 
posture he lay a good many hours, and de 
clared afterward, he never enjoyed a sweet 
er time, and felt no pain. Next day he 
was put in prison, where he continued till 
he got his indictment with the rest. 
James Winning tailor in Glasgow, Febru 
ary this year, upon some information or 
other, was called out of his own house, to 
compear before one of the bailies, by a 
town-officer: and being interrogate anent 
Bothwell, and the bishop s death, and not 
giving satisfying answers, he was straight 
sent to prison, and indicted with the rest. 
Archibald Stuart was a country man in the 
parish of Lesmahago ; James Johnston lived 
in the parish of Calder, near Glasgow, and 
John Main belonged to the parish of Old 
Monkland. Upon the J 7th of March, these 
five were tried for their lives by the 
special commission given, above narrated. 
The persons present were lieutenant-colonel 
Windram preses, Sir William Fleming, Sir 
James Turner, lieutenant-colonel Buchan, 
John Somerwel of Spittle sheriff-depute of 
Lanark, and William Stirling before de 
signed ; and John Jones writer in Glasgow 
was procurator fiscal. I shall give their 
trial as I have it from a mournful spectator, 
now a reverend minister. 

Their indictment ran upon their being at 
Bothwell, and their being accessory to other 
insurrections, and reset and converse. A 
great many witnesses were adduced, but 

nothing deponed which could militate 
against their life, even by the present 1684< 
laws ; the reader may judge by a taste of the 
depositions. One witness deponed, that he 
saw John Richmond at Ayrs-moss in arms : 
The preses asked him how far distant he 
was from the pannel. He answered about 
half a mile ; yet this was sustained, and in 
deed the only proof they had against him. 
Another witness adduced against John 
Main, being interrogate, if he saw John 
among the rebels with arms, answered, he 
saw him coming from the eastward, and 
going westward. The clerk was ordered 
to mark that deposition, which the preses 
said was material, and commanded him to 
write, " depones, he saw John Main coming 
to the rebels, and going from them in arms." 
Whereas the deponent said no such thing. 
When James Winning was interrogate, if 
he had any thing to object against the wit 
nesses, he answered, he had no objection; 
but solemnly professed, as he was to answer 
to God at the last day, he never carried 
arms in his life, for or against any man 
Windram answered him, it was enough if he 
was in company with the rebels, though he 
had but his needle with him. In short, my 
informer assures me, he could not observe 
the least shadow of a proof against any of 
them. John Main, in his printed testimony, 
makes it appear, that none of the articles 
of his indictment were capital, and gives 
this account of his trial. As to his escap 
ing out of prison, it was not to be charged 
upon him, but his keeper ; that he was at 
Bothwell, but only as an onlooker ; that he 
had conversed with one Gavin Wother- 
spoon, who was asserted to be a rebel, but 
not proven one ; that indeed he had not 
termed Bothwell a rebellion, neither would 
he renounce the covenants ; that his silence 
as to the king s authority could never in 
law be made treason ; that as to king 
Charles I. his death, he knew nothing about 
it; and as to the archbishop s, he would 
not judge of that action. 

The articles insisted upon in their exam 
ination against the rest, were much the 
same with those, and it was chiefly upon 
their silence as to the three last, they were 
put to death : all of them died in much 
comfort, peace, and the utmost cheerfulness. 





magnanimity and de- 
light under which Archibald Stuart, 
a youth scarce nineteen years, died, was ob 
served by many. Amongst other moving ex 
pressions at his execution, he had this. " I 
die not by constraint, but willingly, and this 
I can say, I am more willing to die for my 
lovely Lord Christ, and his work and truths, 
than ever I was to live." In short, all of them 
died in a forgiving temper, praying earnestly 
for pardon to their persecutors, and yet 
warned them of their hazard, if they conti 
nued in these courses without repentance. 
These five good men lie buried, with other 
sufferers, in the high church-yard of Glasgow. 
At their execution, Gavin Black in Monk- 
land was seized by the soldiers, upon mere 
suspicion, and some tokens of sorrow ap 
pearing in him, and put in prison; and 
when upon examination, he did not satisfy 
their queries, he was in a few weeks with 
many others banished to Carolina. And at 
their burial, James Nisbet, a relation of one 
of them who were executed, was taken by 
one of the soldiers of his name. We shall 
just now meet with him in June, dying a 
public death. The persecutors and soldiers 
were very narrow in their observations at 
such public executions, and, as if they re 
solved to counter the known truth, sanyuis 
martyrum semen ecclesice, when people 
appeared affected at them, or the burials of 
such as were allowed public burial, they 
picked them up to fill the next stage with 

I return again to the criminal court at 
Edinburgh. And April 1st, I find Mr John 
Bannantyne of Corehouse, formerly men 
tioned, George Ramsay of Iddington, Sir 
Patrick Hepburn of Black castle, Alexander 
Hume of Abbay of St Bathans, George 
Houston of Johnston, Archibald Crawford 
of Auchmains, Sir John Riddel of that ilk, 
Sir John Maxwell of Nether-Pollock, John 
Chiesly of Carswell, James Dunlop of 
Househill, indicted of reset and converse, 
aud doing favours to rebels, as mentioned 
in their dittays in the Porteous rolls. All 
of them offer to abide a legal trial, and 
their diet is deserted simpliciter. 

April 2d, we have another set of gentlemen 
indicted as the former were ; Alexander 
Dunlop of that ilk, Alexander Hamilton of 

Kinkel, James Hamilton of Aikenhead, 
Fergus M Cubbin of Knockdallien, John Bog 
of Dornel, Hugh Dunbar of Knockshinnoch, 
Francis Gladstanes of Whitelaw, Gideon 
Scot of Atterside, Robert Johnston of 
Craigie-land, Robert Gourlay of Kepdar- 
roch, Mr William Fullarton of that ilk, 
George Fullarton of Dreghorn, George 
Muirhead of Lauchop, James Stuart of 
Hartwood, James Gordon merchant in 
Dumfries, John Forrester of Thirty-acres, 
William Cunningham of Buwhau, Sir 
William Scot of Harden elder. They 
offer to abide their trial, and the diet is 
deserted simpliciter. I need not remark, 
that those gentlemen and many others were 
put to vast charges and trouble in waiting 
on since August last, besides the money a 
good many of them had to give to the 
clerks and others before their diets were 
j deserted, and they had extracts. And 
many of them had been all this time con 
fined to Edinburgh, and some of them im 
prisoned, and yet at the next circuits most 
| part of them were of new attacked. 

April 5th, I find the lords of the justiciary 
desert the diet against about sixteen 
feuars and tradesmen, whose names I insert 
not. And that same day, Andrew Gibson 
merchant in Glasgow, John Balmeno there, 
John Maxwell of Gribton, and about twenty 
others, are deserted. And April ?th, Mr 
Andrew Hay of Craignethan, John Hamilton 
of Halcraig, Thomas Ker of Grange, and 
the laird of Mauldsley, are deserted. Upon 
the eighth and ninth, the process against 
the earl of London, and some others, comes 
in, which I leave to the next section. 

April 10th, James Howison, maltman in 
Lanark, is indicted for being at Bothwell. 
The witnesses prove he was in company 
with some of the west-country army with 
out arms ; and the assize bring him in as 
guilt}^ of being with the rebels, but with 
out arms. The case was this ; he lived at 
Lanark, and when a party of the west- 
country army came there, he, as all who 
were in the place, was obliged either to re 
tire or converse with them ; and this is all 
the witnesses prove. Yet the lords sentence 
him to be hanged at the Grass-market, 
November 12th, and forfeit his lands and 
goods to his majesty. 



April 16th, the trial of that gallant and 
good man John Paton of Meadow-head, in 
the parish of Fen wick, comes on. He was 
commonly called captain Paton, and had 
some command at Bothwell, if not at 
Pentland also. " April last, I find the 
council order a reward of twenty pounds 
sterling to cornet Lewis Lauder, for 
apprehending 1 John Paton, a notorious rebel 
these eighteen years." And it is probable 
he was taken some time this month, since 
ordinarily the trial of persons in his cir 
cumstances was not long delayed. When 
before the justiciary he is indicted for being 
with the rebels, both at Glasgow and 
Bothwell, as a captain. The advocate ex 
super abundanti passes his being at Pentland, 
and insists upon his being at Bothwell. 
The lords find the libel relevant ; and for 
probation he adduced his own confession 
before the council. "John Paton in 
Meadow-head, in Fenwick parish, confesses, 
he was taken lately in the parish of Mearns, 
in the house of Robert Howie in Floak ; 
that he haunted ordinarily in the fields and 
muirs. Confesses, he was invited by the 
country people to go out in the year 1666, 
and commanded a party at Pentland. Con 
fesses, he joined the rebels at Glasgow 
about eight days before the engagement, 
and was with them that morning before the 
engagement." Refuses to sign. The as 
size had no more to cognosce upon but 
his confession, and bring him in guilty, and 
the lords sentence him to be hanged at the 
Grass market, Wednesday the 23d of April. 
By other papers I find he was charged, 
when before the council, with his being at 
Mauchlin-muir, and being a rebel since the 
year 1640, and a great opposer of Montrose. 
It is probable he was there, but there \vas 
no probation, and this was not insisted 
upon. He was interrogate, if he acknow 
ledged authority ; he answered, he owned 
all authority allowed by the word of God. 
But the precise point upon which he 
died, was his being at Bothwell. He 
was prevailed upon to supplicate the 
council, and there were several there who 
inclined to favour him ; but he remarks in 
his speech, that the prelates effectually 
stopped that. However, I find, April 1 7th, the 
council,upon his petition, continue his execu- 


tionto Wednesday the 30th instant. In 
the narrative they say, he is condemn 
ed for his accession to Pentland, Bothwell, 
and other crimes. And the council records, 
April 30th, bear, " John Paton in Meadow- 
head sentenced to die for rebellion, and 
;hereafter remaining in mosses and muirs, 
;o the high contempt of authority, for 
,vhich he hath given all satisfaction that 
aw requires, reprieved till Friday come 
se night, and to have a room by himself, 
that he may prepare more conveniently for 
death." This is so favourable a record for 
him, that I apprehend the bishops have not 
jeen present: and indeed it looks as if some 
"avour had been Designed ; but it took no 
effect, for Friday the 9th of May he was ex 
ecuted, when he died most cheerfully, for 
giving all his persecutors, instigators, re- 
proachers, soldiers, apprehenders, privy 
council and justiciary, in whatever they 
had done to him. But as to what they had 
done in despite to the image of God, and 
against his work, he declared it was not in 
his power to forgive, but heartily wished 
they might seek forgiveness of him who 
had it to give, and that they would do no 
more wickedness.* 

Now executions turn pretty throng ; and 
James Nisbet, in the parish of Loud on, was 
hanged at the Howgate-head near Glasgow, 
in June. I have seen nothing of his trial, 
and I take it to have been before the com 
missioners for justiciary there. It hath 
been already observed, that this zealous 
good man was taken at the burial of John 
Richmond, and those who were executed 
with him in March. He was acquaint with 
most part, and had been intimate with some 
of them, and came into Glasgow to pay his 
last respects to them at their burial, and 
there being known, he was apprehended 
by lieutenant Nisbet a cousin german of his 
own ; so much does a bitter persecuting 
spirit break all the bonds of nature itself, 
and get over the nearest blood relations. 
He was straight carried to the guard, where 

* Captain Paton s sword, and the Bible which 
he used when on the scaffold, are still preserved 
among the interesting relics at Lochgoin, the se 
questered residence of the Howies, and the fa 
vourite resort of the persecuted covenanters in 
the troublesome times of Charles II. Ed. 





he was soon entangled with their 

captious questions, the catechism of 
this period, and sent to prison. His sen 
tence ran upon the common crimes, now 
made mortal sins, which 1 need scarce 
resume. He owned Drumclog and Bothwel 
lawful, in as far as they were acts of self- 
defence, and appearances for the gospel 
He refused to renounce the covenants, and 
to own tho kino s authority, as he expressed 
in so far as he had made the work of refor 
mation and covenants, treason. After he 
was condemned, he was offered his life, if 
he would acknowledge the king s headship 
and supremacy over the church, which they 
well knew he would never do. He was 
hardly enough used, and so closely watched 
as he could scarce get any thing- writ to his 
friends in prison ; yet he got a testimony 
writ, in which he complains he got only 
liberty to write incoherently. He begins 
with this expression. " I am come here to 
Jay down my life for the testimony of Jesus, 
for asserting him to be king and head of his 
own house, and for no matter of fact they 
have against me." And it will be a lasting 
blot upon this time, that so many good men, 
against whom they had nothing but matter 
of sentiment and opinion, and who had 
never been in any rising against the govern 
ment, were thus from time to time cut off. 
He died in much peace, and full assurance. 
And they saw good to execute him a little 
out of the town, and not at the cross, which 
very little diminished the confluence. 

To return again to Edinburgh : In May 
and June, I observe many have their diets 
deserted, because the lords find they have 
lain long in prison, and no probation offers 
against them. And July 3d, about thirty 
common people and tradesmen are deserted. 
And through several diets this month, near 
three hundred tradesmen and common people 
have their diets deserted. It would be 
endless to go through them all. And July 
6th, the lairds of Kirkton, Newton, and 
Ochiltree, are continued till November. 

July 24th, Arthur Tacket in Hamilton, 
is condemned upon his former sentence. 
We heard of him before, and how hardly he 
escaped at Both well. He was a tailor in 
Hamilton, and taken as coming from a ser 
mon, either that at Blackloch, or some 

other, at which Mr Renwick preached. By 
the council registers, July 1st, i find, " Duke 
Hamilton informs the council, that Arthur 
Tacket, now a prisoner, is an heritor, and 
forfeited for the rebellion. The lords leave 
to the justices, to proceed against him accord 
ing to their sentence of forfeiture." And 
July 22d, Arthur Tacket confesseth before 
the council, that he was in the rebellion at 
Bothvvell, and lately with the rebels who 
were in arms in the shire of Lanark. The 
lords ordain him to be questioned by torture, 
to-morrow at nine of the clock, before the 
committee for public affairs. The occasion 
of this severity was, that the youth per 
emptorily refused to tell who preached, and 
whom he had seen at the foresaid sermon. 
Torture, even for discovery of treason, is 
hard enough, but torture for a bare discov 
ery of a minister who preached, and such 
as heard at a field-conventicle, when the 
first was death, was yet severer. When 
brought before the council, or their com 
mittee, in order to torture, the advocate de 
clared to him, and offered to give it under 
the hands of all present, that if he would 
be ingenuous and free upon all that was to 
be asked, what he said should never militate 
against himself, or any other man. Arthur 
answered, he could not credit them, since 
they had broken their promises, oaths, and 
subscriptions to God and man, and he could 
not think they would press him so much to 
declare who preached, if they were to make 
no use of what he said, whereupon the 
hangman was commanded to open the boot, 
and he laid his leg in it. When he was 
going on, the surgeon present desired he 
might desist a little, and taking the advocate 
aside, told him, that Arthur was very young, 
and his leg so small, that a few strokes 
would crush it to pieces, and seeing they 
were determined to take his life, and it was 
probable nothing could be extorted, he 
moved they would forbear.* Upon this the 

* " When any arc to be thrust in the boots it 
s done in the presence of the council ; and upon 
that occasion almost all offer to run away. The 
sight is so dreadful, that without an order re 
straining such members to stay, the board would 
>e forsaken. But the Duke (of York) while he 
lad been in Scotland, was so far from withdraw- 
ng, that he looked on all the while with an un- 
noved indifference, and with an attention as if 
ie had been to look on some curious experi- 
""lit." Burnet, Vol. II. p. 996. ]2mo. Ed. 



advocate ordered the thumbkins to be 
brought, which he endured without making 1 
any discovery. The lords of the justiciary, 
upon the aforesaid day, find, " that Arthur 
Tacket being 1 upon the 21st of March, 1681, 
found guilty, by an assize, of being- in the 
rebellion 1679, and adjudged to be demean 
ed and executed as a traitor when apprehend 
ed, he being- now apprehended, the lords 
appoint him to be hanged at the Grass- 
market, Wednesday, July 30th, betwixt two 
and four in the afternoon." He had been 
forfeited in absence, and now, though they 
had his confession, yet they only adhere to 
their former sentence. We heard he was 
at Both well, when he was scarce 17 years 
of age. Accordingly he was executed, and 
died most christianly, forgiving his enemies, 
and owning- all magistrates, superior and in 
ferior, in as far as they are conform to the 
word of God, the covenants, and are a ter 
ror to them that do evil, and a praise to them 
that do well. I very much doubt if history 
can produce instances of so many prose 
cuted to the death for such a rising as that 
at Bothwell, so long after, and in so vast 

Towards the end of this month, and the 
beginning of August, I find, at different 
diets of the justiciary, near two hundred de 
serted, mostly country people who had been 
put in the Porteous roils for reset and con 
verse. Probably the managers had the new 
circuits by this time in view, where many 
of them were again attacked. 

August 5th, I find three men before the 
justiciary, other papers make it the 15th, 
but 1 have kept by the date of the registers, 
Thomas Harkness in Lockerbane, Andrew 
Clerk in Leadhills in Crawford, and Samuel 
M Ewen in Glencairn. There was one 
Thomas Wood in Kirkmichael, who was 
taken with them, but I do not find him in 
dicted at this time. In December we shall 
meet with one of the same name, and, for 
what I know, the same person. I have a 
particular account of the circumstances of 
taking these four men, as follows. Some 
days after the rescue of the prisoners at En 
terkin-path, which we shall meet with in 
the last section, Claverhouse and a party 
of his men were searching the parishes 
about in great fury ; and in the parish of 

Closeburn or Dalgerno, they came up- , cg , 
on these four men in the fields : some 
accounts before me, say, they were sleeping 
till awakened by the soldiers, and at the sight 
of them they offered to flee; whereupon the 
soldiers pursued, shot at them, and wound 
ed them. The soldiers were extremely en 
raged at this time, by the baffle given to 
the party at Enterkin-path ; and this is the 
only excuse can be given for the fury that 
now appeared in them, though indeed there 
was too much of this in their ordinary car 
riage. All the houses near to the place 
where the men were found, were presently 
plundered, the party presuming, what they 
were willing to have, that the neighbour 
hood was guilty of resetting them, and few 
houses escaped an hundred merks, or an 
hundred pounds, loss. Great were the se 
verities used upon the prisoners; they had 
been wounded when taken, and the soldiers 
would not suffer their wounds to be wash 
ed nor linens to be applied to them. A 
poor woman, who came and offered some 
help to them in dressing their wounds, was 
seized and carried prisoner a part of the 
way. They were brought first to Lanark, 
and then to Edinburgh. Upon the road 
they came to a narrow pass, where Claver 
house expected to be attacked, and he gave 
orders to the soldiers, as soon as any man 
appeared, to kill the prisoners, though they 
had confessed nothing, and nothing was 
proven against them. W 7 hen brought be 
fore the council, three of the soldiers de 
poned, that these men were at Enterkin- 
path; and as some of their papers before 
me bear, that the prisoners there received 
the wounds they at present had : the men 
constantly asserted they were not at En- 
terkin. Thomas Wood was reserved till 
afterwards, and the rest that same day were 
remitted to the justiciary, and condemned 
and executed that very day, such a rage 
were the persecutors in. 

I come now to their process, as it stands 
in the criminal books. Thomas Harkness 
and the other two, were indicted of high 
treason, " in as far as in this month of Au 
gust they had engaged w r ith a party of the 
king s soldiers; that they did not own the 
king s authority, or denied it; that they re 
fused to call Bothwell rebellion; that they 




had conversed with persons put to 
the horn, and that they had conversed 
one of them with another being rebels." 
Three soldiers depone they snapped guns at 
them. This is all the probation I observe ad 
duced. Throughout this process there are 
plain evidences of haste and thirst after blood. 
" The assize find them guilty of being in arms, 
and that one of them presented a gun to the 
king s forces, that they had ball upon them, 
that they had conversed with rebels, denied 
authority, and fled from his majesty s for 
ces." Whereupon they are sentenced to 
be hanged at the Grass-market. They were 
brought into Edinburgh, about one of the 
clock, and that same day they are sentenced, 
and executed about five of the clock. Those 
plain honest, country people, so quickly 
hurried into eternity, drew up a joint paper, 
and left behind them; which breathes so 
much plain honest simplicity, and is so short 
and serious, that the reader will be pleased 
to have a copy of it here. It runs not in 
the strain of those contained in the Cloud 
of Witnesses, and therefore is omitted by 
them ; but in my opinion it deserves a room 

The joint testimony of Thomas Harkness, 
Andrew Clerk, and Samuel M Ewen, from 
the Tolbooth of Edinburgh, August 5th. 

" Dear friends and relations vvhatsomever, 
we think it fit to acquaint you, that we bless 
the Lord, that ever we were ordained to 
give such a public testimony, who are so 
great sinners. Blessed be he that ever w r e 
were born to bear witness for him ; and 
blessed be the Lord Jesus Christ, that or 
dained the gospel and the truths of it, 
which he sealed with his own blood, and 
many a worthy Christian gone before us 
hath sealed them. We were questioned 
for not owning the king s authority. We 
answered, that we owned all authority that 
is allowed by the written word of God, seal 
ed by Christ s blood. Now, our dear friends, 
we entreat you to stand to the truth, and 
especially all ye that are our own 
relations, and all that love and wait for 
the coming of Christ. He will come, and 
cot tarry, and reward every one ac 
cording to their deeds in the body. 
We bless the Lord we are not a whit dis 

couraged, but content to lay down our 
life with cheerfulness, and boldness, and 
courage; and if we had a hundred lives, 
we would willingly quit with them all for 
the truth of Christ. Good news ! Christ 
is no worse than he promised. Now we 
cake our leave of all friends and acquain 
tances, and declare we are heartily content 
with our lot, and that he hath brought us 
hither to witness for him and his truth. 
We leave our testimony against popery, 
and all other false doctrine, that is not 
according to the scriptures of the Old and 
New Testaments, which is the only word of 
God. Dear friends, be valiant for God, for 
he is as good as his promise. Him that 
overcometh he will make a pillar in, his 
temple. Our time is short, and we have 
little to spare, having got our sentence at 
one of the clock this afternoon, and are to 
die at five this day. And so we will say 
no more, but farewell all friends and re 
lations, and welcome heaven and Christ, 
and the cross for Christ s sake. 

"Thomas Harkness, 
Andrew Clerk, 
Samuel M Ewen." 

If the reader take as much pleasure in 
reading this plain and natural testimony, 
as I have done in transcribing it, he will 
not grudge to have Samuel M Ewen s 
letter he wrote to a friend after his sentence 
was pronounced, since it savours of the 
same undisguised, cheerful, and pious spirit, 
and in its pure and natural shape, and, I 
am persuaded, entirely from himself. 

" My dear Friend, 

" I am this day to lay down my life for 
adhering to the truth of God ; and I bless 
his holy name, that ever he honoured me, 
a poor country lad, having neither father 
or mother alive, to witness for him. And 
now I can set to my seal to all the truths 
in the Bible, Confession of Faith, catechisms 
larger and shorter, national and solemn 
league and covenant, and to all the protes 
tations and declarations given by the poo 
remnant, agreeable to the same word of 
God. Though in much weakness, yet I 
love all that is for his glory, and desire to 
hate all that he hates, with a perfect 
hatred. I desire you not to be discouraged, 



for, 1 bless the Lord, I am heartily content 
with my lot. It was my desire, though 
most unworthy, to die a martyr, and I bless 
the Lord who has granted me my desire. 
Now this is the most joyful day ever I saw 
with mine eyes. Farewell all earthly 
enjoyments and friends, in our sweet Lord 
Jesus Christ; and farewell Glencairn my 
native parish. Welcome my sweet Saviour; 
into thy hands I commit my spirit, for 
thou art he, O Jehovah, God of truth, who 
hast redeemed me. 


When I read such plain, and yet patheti- 
cal productions from country people, I 
cannot but be confirmed in the reality of 
religion, and reckon these plain country 
men heavy witnesses against those who 
delighted thus in blood. 

The justiciary are now fallen into the 
method of despatching the persons before 
them, and condemning and executing poor 
people on the same day, which we shall 
scarce meet with but in Scotland at this 
season. Accordingly, August 27th, I find 
other two sentenced, and dying the same 
day, James Nicol and William Young, who, 
if I mistake it not, is the very same who, 
when essaying to break prison in the 
Canongate, was lamed by a fall, and retaken. 
The Cloud of Witnesses, nor any other 
paper I have seen, take notice of William 
Young, but the registers putting him and 
James Nicol together, I see no ground to 
doubt that they underwent the same fate. 

James Nicol, merchant burgess in Peebles, 
was a bold zealous man : hitherto he escap 
ed, and was at Edinburgh at the trial of 
the last named three, which affected him 
very much. He was a mournful onlooker 
upon their process before the justiciary ; 
and his spirit being stirred within him with 
what he had seen, he was taking his horse 
in the Grass-market to go out of the town, 
after he had been some time there about 
business ; at this nick of time the guard 
came down with the three persons last 
named, to their execution. This stopped 
him, and he went in among the crowd, and 
stayed till they were executed. When 
coming away, in the bitterness of his spirit, 
he said in the hearing of a good many, these 

kine of Bashan have pushed these 
three good men to death at one push, 
contrary to their own base laws, in a most 
inhuman manner. Whereupon he was 
straight seized, and carried to prison. In a 
day or two, he was brought before the com 
mittee for public affairs, and after that before 
the council, where he was very bold and 
plain in his answers, and was upon the 27th 
brought before the justiciary. By the re 
gisters I find he is indicted for treason. 
The probation was his own confession, that 
he was at Both well with arms, that he 
owns Sanquhar declaration, and the paper 
published at Ilutherglen. 

At the same time, William Young in 
Evandale, is indicted the same way, and his 
confession adduced for evidence : " that the 
king is king, or not king, as he keeps the 
covenants; that he cannot say he is now 
king ; confesseth that he heard Mr Donald 
Cargil at field-conventicles since Both well ; 
that he thinks those who were at Bothwell 
were at their duty ; that he was present 
with James Dykes a forfeited person, at 
the attack upon Evandale Castle, to rescue 
his brother ; that if he had been old enough 
he would have been at Bothwell; that he 
would disown the king or any body else, 
before he would disown the covenants." 

The assize bring them in both guilty of 
treason, by their own confession, and the 
lords sentence them both to be taken to the 
Grass-market, this present Wednesday, 
August 27th, betwixt two and four, and 
hanged. Accordingly they were executed. 

The circumstances of William Young in 
Evandale were very singular, and I shall add 
a hint at them from a good information be 
fore me. He was brought in prisoner from 
Evandale to Hamilton, and met with great 
severity, when carried from thence to Edin 
burgh, from the soldiers, who took from him 
his wig, and he rode most of the way with 
his bare-shaven head, and his feet tied be 
neath the horse s belly. This good man 
was distempered, and much crazed in his 
judgment, for five years before he was 
taken, through a sharp and severe exercise 
of spirit he had been under. However, 
when upon any serious conversation, or at 
reading or prayer, his distemper was scarce 
any way observable; but when out of these 




exercises, he was perfectly restless, 
loo*. wro t e letters and threw them out at i 
the windows, and cast them to the keepers ; I 
so that all in the prison observed it. His 
fellow-prisoners cautioned him, as much as | 
possibly they could, when he was called be 
fore the council. When there, his answers 
were not out of the road ; and when he 
came back from the council and justiciary, 
he was very sensible of the Lord s goodness 
to him, and said to his fellows, it had been 
given him iu that hour, who was a poor 
foolish creature, who had much lost the use i 
of his reason. He was one of them who 
escaped out of the Canpngate tolbooth, and 
would not have been known, if he had not 
himself told to the soldiers who were ranging 
up and down, that lie had broken the tol- i 
booth. He was most barbarously used when 
sent back to prison, and his arms were tied, 
and his whole body miserably racked: this 
he bore with great patience. He said, that 
extreme pain would be intolerable, if eternal, 
but he was now near the crown, and re 
joiced in the full assurance of it. Next day 
he was carried before the justiciary, and 
sentenced, and straight executed with James 
Nicol. I have been the larger on this man s 
circumstances, because much of the power 
of God, and rage of man, must be obser 
ved about him. 

September 9th, I find Mr John Sinclair 
his process of forfeiture before the justi 
ciary. This learned and singularly religious 
minister had been a good many years at 
Ormiston ; and now when it was deter 
mined to force all presbyterian ministers, 
either to comply or leave the country, he 
choosed to retire out of harm s way. I find, 
April 30th, " the council being informed, 
that Mr John Sinclair, late minister at Or 
miston, hath gone over to Holland, and 
preached several seditious sermons, and is 
about to be settled as a minister in that 
place, remit to the king s advocate to in 
quire into his behaviour whilst here, and, 
if he find ground, to process him according 
to law." This was severe enough dealing, 
that when ministers were retired, to avoid 
their ensnaring examinations, in absence 
processes should be raised against them, 
when settling elsewhere, out of the king s 
dominions. What scandal the advocate 

gathered up, I know only by his indictment, 
which I am persuaded M r as false in every 
article of it. All who knew this worthy 
and excellent person, knew he was far 
from expressing himself at the rate here 
libelled. However, he was cited in the 
form that people out of the country are 
summoned. And at the above diet, this 
reverend person is indicted, and pursued 
for treason. " Mr John Sinclair minister at 
Ormiston, now at Delft in Holland, is in 
dicted for preaching treasonable doctrine 
and positions, and his pressing the renew 
ing of the covenants, and people s tak 
ing up arms against the king ; that he de 
claimed against the king, and called his roy 
al brother a rebellious enemy to God, 
and the lords of his majesty s privy coun 
cil, rogues, and prayed that God would 
open his majesty s eyes, to see the evil 
of his ways, and turn him from it, [ a prayer 
he certainly very much needed,] otherwise 
that he would take him away from being a 
scourge and a curse to God s people." And 
being cited at the shore and pier of Leith, 
and not compearing, the lords forfeit him, 
and appoint him to be declared fugitive and 
i outlaw, and to be put to the horn. There 
is not a shadow of proof brought against 
him for these alleged expressions ; and in- 
j deed no proof of them could be brought. 

They had far more reason, according to 
their laws now in force, to proceed to the 
j forfeiture of Mr James Renwick, whom we 
I shall meet with afterwards, as the last who 
I was publicly executed in this period. Au- 
gust 19th, the council form an act for the 
citation of such as they call vagrant preach 
ers. " The lords of his majesty s privy 
council appoint Mr James Hen wick and other 
vagrant preachers, to be summoned by way 
| of dispensation, at the cross of Edinburgh, 
and pier and shore of Leith; and those 
summons are declared to be as sufficient as 
if they were personally cited ; and, Septem 
ber 16th, they order Mr Renwick to be in- 
tercommuned." And September 19th, Mr 
James Renwick is indicted before the lords 
of justiciary, for being at Both well-bridge, 
and preaching at field-conventicles, at Black 
loch, Welshole, Craig, Spittal-hole, Green- 
ock, and other places, and teaching, the king 
was no king but a tyrant. Being cited* 



and not corapearing-, they decern him out 
law and fugitive, and order him to be put 
to the horn. 

November llth, John Hutchison, por- 
tioner in Newbottle, is processed in absence. 
One of the witnesses declares he saw him 
with arms in the engag-ement at Both well- 
bridge ; another, that he saw him with the 
rebels some time before ; another, that he 
saw him in company with the rebels at 
Peutland ; and another, that he saw him 
near Edinburgh about that time in arms. 
The assize bring 1 him in guilty of being in 
arms at Bothwell-bridge and Pentland. 
The lords sentence him to be executed, and 
demeaned as a traitor, when apprehended, 
the time and place to be named by the 
council, and in the meantime forfeit him. 

November 13th, and at some following- 
diets, several persons were processed, and 
condemned for the declaration of war, 
posted upon the church-doors, whom I shall 
leave to a section by themselves. That 
worthy gentleman, the laird of Duchal, was 
likewise condemned to die towards the end 
of this month, as shall be narrated in the 
section allotted for the account of his and 
his neighbouring- gentlemen s fines; and 
towards the close of December, that excel 
lent gentleman Jerviswood was cut off, who 
will come in upon the following- section. 


Of the council and criminal processes 
against the laird of Cesnock, the earl of 
London, Mr Spence, the reverend Mr 
William Carstairs, the laird of Jervis 
wood, and others alleged to be concerned 
in the plot this year. 

OF design I have left to this place, the pro 
cedure of the council and lords of justici 
ary last year and this, against the noble and 
excellent patriots alleged to be concerned 
in the Rye-house plot, and 1 shall give most 
of what I say about them, from the records 
and original papers, just in the order of 
time they were prosecuted, and take in all 
that refers to each of them together. I 
spoke of the plot in general last year, and 
say no more of that. 

August 1 6th, last year, I find the council 
"appoint the king s advocate to raise a pro- 

1 cess of treason ag-ainst the earl of Lon 
don, lord Mel vile, Sir John Cochran 

| of Ochiltree,John Cochran his son, Sir Huh 
Campbell of Cesnock elder, Camp 

bell of Cesnock younger, the laird of Row- 
allan elder and younger, Mont 

gomery of Lang-shaw, Fairly of 

; Brunsfield, Bailie of Jerviswood, 

Crawford younger of Crawford- 
land, Stuart of Cultness, and 
Denholm of Westshiels, who being- cited 
before the late justice-air, upon several 
points of treason, it was made appear to 

; them, that at the time of their citation they 
were out of the kingdom." 

November 3d, the procedure of the Scots 
council at London in this matter, is read at 
Edinburg-h, and insert in the registers. 
"At Whitehall, October 22d 1683, present 
the king s majesty, his royal highness the 
duke of York, the earls of Murray, Middle- 
ton, Sunderland, Mar, Airly, Ancrum, 
Breadalbin, the treasurer-depute, justice- 
clerk, advocate, and John Wedderburn of 
Gosford; his majesty with advice of his 
privy council, orders the laird of Cesnock and 
his son, Rovvallan elder and younger, Craw- 
fordland, Brunsfield, Alexander Monro of 
Beaucrofts, Jerviswood, Mr William Car- 
stairs, Hepburn, son to major Hepburn, 
Spence servant to the late earl of Argyle, 
prisoners at London, suspect of high treason, 
and some of them accused, to be sent prison 
ers to Edinburgh, to be tried according to law, 
being Scotsmen." The English law could not 
answer the view they had against them, and 
our Scots law is far more arbitrary, at least 
the procedure used at this time would not 
have gone down in England. Accordingly, 
those named were sent down,several of them 
I meet with no more in the registers, and 
can say no further of them ; but these who 
were chiefly levelled at we shall meet with 
in their order. By a letter from the king, 
the advocate is ordered to prosecute the 
above named persons for treason. 

December 10th, 1683, "the council remit 
it to the bishop of Edinburgh, treasurer- 
depute, advocate, and colonel Graham of 
Claverhouse, to consider the several papers 
sent down from London, and to put together 
what they find concerning- every prisoner, 
and to begin with what concerns Spence, 



and to endeavour to decypher the 

84 letters." February 21st, by the 
council-registers I find, that Ro walla n 
younger, upon a certificate of his indis 
position, hath his liberty, to abide in his 
chamber at Edinburgh, continued till 
March 21st next, with caution. We shall 
afterward find him and others enlarged; 
but Cesnock s process now falls in. 

The advocate reports to the council, that 
he hath found matter, as he conceived, to 
insist against Sir Hugh Campbell of Cesnock 
for treason. The council, February 12th, 
ordain him to insist, and appoint Sir George 
Lockhart to concur in the said process 
with the king s advocate. The design of 
this was plain enough, to hinder that able 
lawyer, who had vexed them so much in 
the earl of Argyle s process, to be employed 
by Cesnock. Accordingly, upon Cesnock s 
petition February 21st, " he is allowed to 
employ any advocates he pleases, and they 
are warranted to plead, still excepting Sir 
George Lockhart, he being already ordered 
to assist the king s advocate." However, 
we shall find Cesnock is not prosecuted 
upon the plot, but upon his accession to 
Both well, and that the witnesses who had 
informed against him retracted when in 

I come now from the records, and some 
original letters writ by a gentleman present 
at the trial, to give a short and distinct 
account of the process against that worthy 
gentleman Sir Hugh Campbell elder of 
Cesnock, a very ancient and honourable 
family ; and because this trial was plainly 
invidious, and every thing stretched to the 
utmost height, I shall give the larger view 
of it 

Sir Hugh was indicted March 1 7th, and 
with him John Weir of Newton, who is 
continued till April, and the advocate 
insists against Cesnock, according to an 
act of council, dated February 16th, by 
which Sir George Lockhart is appointed 
to concur with the advocate in this process, j 
That day the process is delayed till March 
24th, when Cesnock s indictment was 
read, and 1 have inserted it below.* 

After his indictment is read at the bar, 
Cesnock himself opened his case in a long 
and pathetical speech, wherein he insisted 
mostly upon those points. " That though 

* Cesnock s Indictment. 

Sir Hugh Campbell of Cesnock indicted and 
accused, that whore, notwithstanding by the 

laws and acts of parliament of this kingdom, 
and constant practick thereof, the rising of his 
majesty s subjects, or any number of them in 
arms, without and contrary to his majesty s 
command, warrant, arid authority, and the aid 
ing, abetting, assisting, resetting, supplying, in- 
tercommuning, or keeping a correspondence 
with open and manifest rebels, and the out- 
hounding or ratihabitingof them, or doing them 
any favours, are crimes of high treason, and 
punishable with forfeiture of life, lands, and 
goods; and by the 3d act, 1 par!, king Jam. I. 
it is statute, that no man rebel against the king s 
person under the pairi of forfeiture of life, lands, 
and goods ; and by the fifth act of his majesty s 
first session of his first parliament, it is declared, 
that it shall be high treason to the subjects of 
this kingdom, or any number of them, more or 
less, upon any ground or pretext whatsomever, 
to use or continue in arms, to make peace, or 
war, or any treaties, or leagues with foreign 
princes or estates, or amongst themselves, without 
his majesty s special authority and approbation 
first interponed thereto. And all his majesty s 
subjects are discharged, upon any pretext what 
somever, to attempt any of those things under 
the pain of treason. And by the 37th act, 2 
purl. Jam. V. it is declared, that no man wil 
fully maintain, or do favours to open and 
manifest rebels against the king s majesty, 
under the pain of forfeiture; and by the 14-Uh 
act, pad. 12. Jam. VI. it is statute and or 
dained, "that no mau op<-nly or uotourly rebel 
against the king s person or authority, or make 
war against the king s lieges ; and that where 
any declared traitors or rebels repair, in any 
part of this realm, none of his majesty s lieges 
shall presume to reset, supply or intercommune 
with them, or give them meat, drink, house, 
harbour, or any relief or comfort, under the 
same pain for whilk they are forfeited, or put 
to the horn ; and that immediately, upon 
knowledge of their repairing in the bounds, all 
his majesty s obedient subjects do their exact 
diligence, at the utmost of their power, in 
searching, seeking, taking and apprehending of 
the said declared traitors, and presenting them 
to justice, or in following of them while they 
be taken, and expelled, and put out of the 
shire; and immediately to make intimation 
to the magistrates and persons of power 
and authority in the next shire, who shall 
be holden to do the like diligence without 
delay, and so from shire to shire, while they be 
apprehended and brought to justice, or expelled 
and put forth of the realm ; and that they, with 
all possible speed, certify his majesty, or some of 
his secret council, or some of the chief persons 
of authority and credit dwelling within the same 
shire, that such persons are within the same, wan 
dering athoi t the country, or lurking in any part 
thereof, under the pain that the traitors or rebels 
ought to have sustained in bodies or goods them 
selves, in case they have been apprehended, pre 
sented and convict by justice;" and by the J 4th act, 
6 parl. Jam. II. it is* declared, " that all who shall 
reset such as are justified for crimes, if the crimes 
be notour, or the trespasser convict or declared 



several field-conventicles had been kept in 
the country where he lived, yet he had per- 
mitted none to be upon his ground ; that 
neither himself, children, or servants, had 

been present at any of them; that as 
he kept his own parish church re 
gularly, so missing two of his servants there 
one Lord s day, he caused them to be kept 

guilty, are ordained to be punished as the prin 
cipal trespasser ; and by the 97th act, 7 paii. Jam. 
V. it is statute, that no man, wittingly or wil 
fully, reset, supply, maintain, defend, or do fa 
vours to any of his majesty s rebels, and being 
at the horn, within their houses, bounds, lands, 
or bailiaries, under the pain of death and conns- j 
cation of their moveables." And by the common j 
law, laws, and acts of parliament of this kingdom, 
hounding out and ratihabition, or art and part, 
is punishable as the principal crime. Yet never 
theless it is of verity, that the said Sir Hugh 
Campbell elder of Cesnock, shaking off all fear of 
God, respect arid regard to his majesty s laws 
and authority, has presumed to commit, and is 
guilty of the said crimes, in so far as the bloody 
and sacrilegious murderers of the late archbishop 
of St Andrews, and their accomplices, to the 
number of nine or ten thousand, having, in the 
months of May or June, 1679, risen and appear 
ed with arms within the western shires, in a 
desperate and avowed rebellion against his ma 
jesty and his authority, having burned his laws 
and acts of parliament, proclaimed treasonable 
declarations and proclamations at public market- 
crosses, killed and murdered several of his sol 
diers at Drumclog, assaulted the city of Glasgow, 
robbed and rifled the goods and houses of his 
majesty s loyal subjects, marched up and down 
the country in a warlike and military posture, 
kept councils of war, rendezvoused, exercised, 
appointed commanders and officers over them, 
and continued in open and avowed rebellion, 
committing all acts of hostility and high treason, 
till the 22d day of June the said year, that they 
were defeat at Bothwell-bridge. The said Sir i 
Hugh Campbell having, upon one or other of j 
the days of the said month of June, 1679, met i 
with Daniel Crawford in Galston, Thomas 
Ingram in Borland?, John Ferguson in Cathar- 1 
ingill, and several other of the said rebels, at or I 
naar the bridge-end of Galston, coming from the 
rebels then in arms, whom they left at Tolcross- 
park near Glasgow, the pannel asked them where 
they had been ; and when they had told him 
that they came from the Westland army, he said, 
that he had seen more going to them than com 
ing from them. And having asked them if they 
were to return ; they told him, they knew not. 
Whereupon he treasonably, contrary to his al 
legiance and duty, said, that he liked not run 
aways, and that they should get help if they 
would bide by it, and bade them take courage, 
or some such like words to that purpose. Where 
through the said Sir Hugh Campbell is guilty 
of intercommuning with notour rebels, they 
having told him that they had come from the 
Westland army at Tolcross-park ; and the said 
pannel s riot apprehending of the said rebels, and 
giving intimation to the next magistrate. And 
also he was guilty and culpable of giving a trea 
sonable counsel and advice, to go back and re 
turn to the rebellious army, and also encourag 
ing arid hounding them out thereto. Arid also 
of ratihabiting, maintaining, and fortifying the 
said rebels in their treasonable designs of rebel 
lion, by telling, they should not want help if 
they would bide by it; and thereby he was 

guilty of the said rebellion, and accessory thereto, 
and art and part thereof : which being found by 
an assize, he ought to be punished with the loss 
and forfeiture of life, lands, and goods, conform 
to the said laws and acts of parliament, to the 
terror and example of others to commit the like 

Ye are indicted and accused, that whereas, 
notwithstanding by the laws and acts of parlia 
ment of this kingdom, and constant practick 
thereof, particularly by the 37th act, 2 parl. James 
I. it is statute, that no man wilfully maintain 
or do favours to open and manifest rebels against 
the king s majesty, under the pain of forfeiture. 
And by the 14th act, 6 parl. James II. it is de 
clared, that all who shall reset such as are jus 
tified for crimes, if the crimes be notour, or the 
trespasser convict or declared guilty, are ordain 
ed to be punished as the principal trespasser. 
And by the 97th act, 7 parl. James V. it is statute, 
that no man, wittingly or willingly, reset, sup 
ply, maintain, defend, or do favours to any of 
his majesty s rebels, and being at home within 
their houses, bounds, lands, or bailiaries, under 
the pain of death, and confiscation of moveables. 
And by the 144th act, 12 parl. James VI. it is 
statute and ordained, that no man openly or 
notourly rebel against the king s person or au 
thority, or make war with the king s lieges ; and 
that where any declared traitors or rebels repair 
in any part of this realm, none of his majesty s 
lieges shall presume to reset, or supply, or inter- 
commune with them, or give them any meat, 
drink, house, harbour, or any relief or comfort, 
under the same pain, for whilk they are forfeited 
or put to the horn ; and that immediately, upon, 
knowledge of their repairing in the bounds, all 
his majesty s obedient subjects do their exact 
diligence, at the utmost of their power, in search 
ing, seeking, taking and apprehending the said 
declared traitors, and presenting them to justice, 
or in following of them, while they be taken and 
expelled, and put out of the shire, and immediate 
ly to make intimation to the magistrates, and per 
sons of power and authority, in the next shire, 
who shall be holden to do the like diligence with 
out delay, and so from shire to shire, while they be 
apprehended and brought to justice, or expelled 
and put forth of the realm ; and that they, with 
all possible speed, certify his majesty, or some 
of his secret council, or some of the chief persons 
of authority and credit dwelling within the said 
shire, that such persons are within the same, 
wandering athort the country, or lurking in any 
part thereof, under the pain that the traitors and 
rebels ought to have sustained, in their bodies 
and goods, themselves, in case they have been 
apprehended, presented, and convict by justice. 
And by the common law, laws and acts of par 
liament of this kingdom, hounding out, or rati 
habition, or art and part is punishable as the 
principal crime. Nevertheless it is of verity, 
that the said Hugh Campbell, to evidence yet 
further his wicked and traitorous design of con 
triving the late rebellion in the year 1679, and 
that ye would, as far as was in your power, con 
tribute thereto, by hounding, levying, sending 
out thereto, according as ye did promise to 





sal)l)ath was 

over, and next morning called for 
them, paid them their wages, and dismissed 
them ; that during the time of the libelled 
rebellion, he was so far from encouraging 
it, that he retired to Gilchrist, (perhaps 
writ for Gilcherscroft) a strong house, and 
abode there till it was over ; that he had put 
off his ground all his tenants who were said 
to be at Bothwell, as soon as they were 
convict ; that if he was found guilty in that 
matter, he was most willing to underly the 
law, but he knew he was innocent ; that 
one of the witnesses adduced against him 
he never saw before, as far as he knew, but 
could prove he had declared in several places 
that he would do Cesnock an ill turn, be- 

Thomas Ingram, Daniel Crawford, John Fer 
guson, and others mentioned in his former in 
dictment, that he did send out to the said re 
bellion, his tenants and servants after specified, 
viz. Mr James Brown his chaplain, George 
Lambie in Crofthead, James Hutchison in 
Underwood, Robert Parker in Wester Lenfine, 
Michael Roxburgh mason in Galston, Hector 
Paton in Cesnock-yards, Hugh Neilson in 
Rickarton, John Brown younger in Priestland, 
Alexander Wood in Highside, John Lambie in 
JLadybrow, Alexander Mitchell in Priestland, 
George Hutchison in Underwood, Mathew Reid 
in Grassholm, James Richmond in Lawfield, 
John Hunter in Shilling-hill, George Lambie 
merchant in Bankhouse, William Harris officer 
in Rickarton, Glassford in Bareith, 

Samuel Ross in Netherton, John Gamil in 
Bank, Patrick Gamil, James Lambie in Lawfen, 
Hugh Wilson in Burnfoot, Francis Ross in 
Knowhead, and several others ; at the least they 
having gone out to the said rebellion, and having 
been thereat, he did reset them upon his own 
ground, without inquiring where they had been, 
or why they had been so long absent in so dan 
gerous and critical a time, when it was notour 
to all the kingdom, that there was an open re 
bellion carried on against his majesty, to the 
destruction of the peace, quiet, and security of 
this hrs native country, as well as of the mon 
archy therein established ; and he did even re 
set, in his very house, William Gilmour who 
went out of his ground to the said rebellion, and 
lived very near to his own gate before the rebel 
lion, and though he owned before his servants in 
his family, that he had been in the rebellion, so 
that the same could not but be notour to him, 
yet he entertained him two years as his porter, 
and thereafter gave him a certificate as a very 
honest man, and recommended him to the earl 
of Dundonald. And he entertained the said Mi- 
James Brown, a notorious and ringleading field- 
preacher, as his chaplain in his family, and the 
persons above-named being his tenants and ser 
vants, and having gone out of his ground to the 
rebellion and immediately thereafter having re 
turned thereto, and being ever since living there 
in, and he himself going up and down among 

cause he had informed about a murder he 
(the witness) had committed. In short, as 
to other defences, he remitted himself to 
his advocates." 

The advocates for the pannel were Sir 
John Lander, Sir Patrick Hume, Mr Wal 
ter Pringle, Mr William Fletcher, Mr John 
Kincaid, Mr Colin Mackenzie, Mr Robert 
Main, Mr William Bailie, Mr James Balfour. 
After reading the indictment, the king s 
advocate moved that the justices might ex 
amine the witnesses previously before any 
trial, this being a case of treason, and al 
leged a letter from his majesty to this ef 
fect. Mr Pringle answered, that a previous 
warrant ought first to be given by the coun 
cil, in terms of the king s letter, which was 

them, so that, as ye were obliged to have inquir 
ed where they were, so he could not but know, 
that they were out at the rebellion, especially 
seeing their being at the same was notour in 
the country, and two of them were his own 
domestic servants, and lived in his own house. 
Wherethrough the said Sir Hugh Campbell has 
most treasonably contrived, contributed to, 
hounded and sent out persons to the late rebel 
lion, has harboured, reset, supplied, entertained, 
conversed with, and done favours to open, no- 
tour, arid manifest traitors and rebels, and was 
actor, art and part with the same, arid of the 
other treasonable crimes above specified ; which 
being found by an assize, you ought to be pun 
ished with forfeiture of life, land, and goods, to 
the terror and example of others to commit the 
like hereafter. 

The said Sir Hugh Campbell is further in 
dicted, and accused upon the laws and acts of 
parliament mentioned in his former indictmenta 
for the treasonable harbouring, resetting, enter 
taining, corresponding with, and doing favours, 
to notour, open, and manifest traitors arid rebels, 
encouraging them in their rebellious practices, 
and dissuading them to submit to his majesty s 
authority ; in so far as Alexander Paterson in 
Balgray his tenant, having, upon the first, second, 
third, or one or other of the days of one or other 
of the months of the year 1682, advertised him 
of his having been in the rebellion, and of his 
willingness to submit to his majesty s authority, 
and craving his advice as to what he should do, 
he did dissuade him, and desired him to go home 
to his work until he sent for him, and so he con 
tinued his tenant, notwithstanding he knew of 
his being in the said rebellion. As also he did, 
on one or other of the days of the month of June, 
1679, go to the burial of Captain Camp 

bell, who was drowned in the water of Gal 
ston as he was going to the said rebellion ; 
where through he committed, and was guilty of, 
thetreasonable crimes above-mentioned, and was 
actor, art and part thereof; which being found 
by an assize, he ought to he punished with for 
feiture of life, lands, and goods, to the terror of 
others to commit the like hereafter. 



not produced. The advocate replied, his 
warrant produced was as to the whole pro 
cess, and no more was needful. The lords 
delayed to determine till they advised with 
the privy council. This little bit of form 
was soon got over; a council was immedi 
ately called, and the advocate had a warrant 
given him. " Edinburgh, March 24th, the 
lords of council having considered a repre 
sentation by his majesty s advocate, of the 
necessity of the previous examination of 
witnesses in Cesnock s process, do, conform 
to his majesty s letter to the justices, De- 

f Cesnock s advocates defences. 
Sir Patrick Home for the pannel alleges, al 
ways denying the indictments and haill articles 
and qualifications thereof. And as to the first 
indictment ; whereas it is alleged that the defen 
der did intercommune with the rebels, in so far 
as he having met with Daniel Crawford, and 
the other persons mentioned in the libel, at or 
near the bridge of Galston, as they were coming 
from the rebels then in arms, whom they left at 
Tolcross-park, and did speak and discourse with 
them, it is answered ; Imo. That it is not re 
levant, unless his majesty s advocate condescend 
upon the particular day that these persons pass 
ed the bridge of Galston, which if he will do, 
the defender positively offers to prove that he 
was alibi, and that he was at home at his own 
house of Cesnock at that day. 2do. The libel is 
not relevant to infer intercommuning ; seeing 
it bears, the defender only met with them by the 
way, and the simple meeting of persons in the 
highway, which was only accidental, and the 
asking them from whence they came and whither 
they were going, neither by our law, nor any 
law in the world, can infer intercommuning dis 
charged by the law, which can only be under 
stood in the case of keeping correspondence by 
letters, or of designed meetings to treat of things, 
in order to the carrying on of the rebellion, and 
not of accidental rencounters in the highway ; 
and if it were otherwise understood than upon 
that ground, every person that had met any man 
coming from the rebels, and had asked at him 
from whence he came, or whither he was going, 
and had inquired for news concerning these re 
bels, as was very ordinary at that time, should 
have been guilty of intercommuning, which 
were absurd to imagine. Stio, Albeit these 
men declared they came from the army of the 
rebels in the west, yet the defender was not ob 
liged to know that they had been concurring in 
the rebellion, seeing they might have been there 
upon another account, for many went there who 
had no design to concur in the rebellion. For it 
is notourly known that some went to bring back 
their horses and goods that were taken away by 
the rebels, others to bring back their children and 
servants from such rebellious courses. And 
therefore unless they have been denounced to 
the horn at the head burgh of the shire where 
they dwell, it could be no crime to speak or dis 
course with them, or not to apprehend them, or 
not to make intimation to the next magistrate, 
as is clear from 126th act, parl. 12. James. VI. 

cember 20th, 1682, give warrant to 
them to examine those witnesses 
previously. When this was produced, 
the lawyers entered upon the cause. 
Cesnock s advocates pleaded at a great 
length, and with much force of reason, 
and the king s advocate said all so ill a 
cause could bear. In this extraordinary 
case, of which no account has been yet 
published, the curious reader will incline 
to have the debates as they stand in the 
registers. Accordingly, I have added the 
defences of Cesnock s advocates, f and the 

by which it is expressly provided, < That the 
inhabitants of the shire are not put in mala fide 
to converse or intercommune with rebels, unless 
they be denounced to the horn at the market- 
cross of the shire where they dwell ; and albeit 
they had been forfeited persons, and declared and 
denounced rebels, as they were not, yet the in 
tercommuning and conversing with them, being 
only by chance and accident, it cannot infer the 
punishment of treason, as is clear from his ma 
jesty s late proclamation in April last. 4/0. 
Whereas it is libelled, that the defender having 
met with these persons at the bridge-end of 
Galston, he should have said to them he liked 
not runaways, and so is guilty of giving them 
treasonable council and advice to return and go 
back to the rebels. It is answered, that the 
words do not import counsel nor advice to these 
persons to go back to the rebels ; and words and 
expressions can never infer a crime, far less the 
crime of treason, unless they clearly, directly, and 
positively infer the crime. Next, these words 
do not fall under any of the acts of parliament 
libelled upon, which are only against the rising 
in arms against the king and the wilful main 
taining and doing favour to open and manifest 
rebels, that are declared traitors, or to reset, sup 
ply, or intercommune with them ; so that, seeing 
these expressions do not fall under these express 
laws, they cannot infer the crime of treason, it 
being a certain principle in law, that quod lege 
noil cavetur, in practica non habetur. And these 
being penal statutes, cannot be extended beyond 
the express words, especially seeing the defender 
was never hitherto tainted with disloyalty, but 
on the contrary was ready upon all occasions, to 
testify his zeal and affection to the king s service, 
and to suppress field-conventicles, which are the 
rendezvouses of rebellion, and upon all occasions, 
and in all companies did always inveigh against 
that execrable rebellion, and all rebellious cour 
ses, as being destructive to the king s interest, 
the peace, quiet, and well of the kingdom. >to. 
Whereas it is libelled, that the defender spoke 
these words, or some such like words to that 
purpose, is not relevant in such general terms ; 
for seeing the crime consists in words, the par 
ticular words ought to be expressed and conde 
scended upon in the libel, otherwise it is not re 
levant. 6^0, Albeit the words mentioned in the 
indictment should amount to treasonable ex 
pressions, yet the defender is secure by his ma- 
j jesty s gracious act of indemnity in July 1679, 
I by which his sacred majesty for the reasons and 




1684 kin s advocate s answers. J After 1 till to-morrow, when the pannel s advocates 
hearing of those the court adjourned made their duplies, they are inserted, and 

causes therein mentioned, does expressly in 
demnify all such as have spoken, written, 
printed} published, or dispersed any traitorous 
speeches, or have advised any thing contrary to 
the laws ; and generally all such as are liable 
for any pursuit or occasion relating to any pub 
lic administration, by convincings, actings, or op 
positions, or otherwise, preceding the date here 
of, declaring the generality of these presents, to 
be as effectual to all intents and purposes, as if 
every circumstance of every one of the foresaid 
delinquencies or misdemeanors were particularly 
and specially therein insert; and that every one 
of the persons that might be challenged or pur 
sued for the same, had a remission under the 
great seal, or an act of indemnity past in his fa 
vours, discharging any of his majesty s officers 
or subjects to pursue any person or persons upon 
any such account, either ad jvrivatam or vindic- 
tam publicam, or to upbraid them therewith, and 
commanding all the judges to interpret this his 
majesty s remission, with all possible latitude 
and favour, as they will be answerable upon the 
highest peril. 

As to the second additional indictment, always 
denying the same, whereas it is alleged, that the 
defender was guilty, in contriving of the late re 
bellion, in the year 16T9, and did contribute 
thereto, by hounding, levying, and sending out 
men, as he had promised to Thomas Ingram, 
and the other persons mentioned in the first in 
dictment, and that he had sent out to the rebel 
lion, the tenants and servants mentioned in the 
said indictment; at least having gone out to the 
rebellion, he thereafter reset them upon his 
ground, it is answered, Imo. that is a great 
mistake, for it is not so much as libelled in the 
first indictment, that the defender promised to 
Thomas Ingram and the other persons therein 
mentioned, to send out men to the rebellion. 
2do. It is absolutely denied, that the pannel did 
send out these or other persons to the rebellion, 
and the tenants going out to the rebellion, can 
not make the master liable as a contriver, unless 
they went out by his express order. Stio. Albeit 
the defender had reset any of the persons men 
tioned in the indictment, on his ground after the 
rebellion, yet it was not relevant to infer the 
crime of treason, far less to make him a contri 
ver, because it is offered to be proven, that these 
persons did either take the bond debito tempore, 
obliging themselves never to rise in arms against 
his majesty or his authority, and so it was no 
crime to reset them, or they were feuars, and he 
could not remove them ; or they were tenants to 
other men, arid so he could not be liable as re 
setting them on his ground, or if any of these 
persons had been in the rebellion, it was never 
known to the defender, or they were not de 
clared rebels, or in any Porteous roll, or denounc 
ed. 4>to. As to Mr James Brown, it is positive 
ly offered to be proven, that he removed out of 
the defender s family about fifteen months before 
the rebellion, and was never a servant thereafter 
in his family, but was servant to the deceased 
lord Craigie lord justice clerk; and if it any time 
thereafter the said Mr James came to his house, 
it was only transiently for a night s time, and 
no man could refuse to give a night s lodging to 
one that was a servant to an officer of state : and , 
the said Mr James Brown did continue as ser- 

vant to the lord Craigie till he died, and there 
after was a servant to Baldoon, but was never a 
servant in the defender s family after the rebel 
lion, nor for fifteen months before, bto. As to 
William Gilmour, the defender denies he was 
ever in the rebellion, or that he gave him a cer 
tificate in the terms mentioned in the indict 
ment. 6to. The resetting and intercommuning 
with the persons mentioned in the indictment, 
could be no crime, seeing they were not de 
nounced rebels at the market-cross of the head 
burgh of the shire where they dwell, as is clear 
from the 126th act, parl. 12. Jam. VI. by which 
it is provided, that albeit denunciation at the 
market-cross of Edinburgh, shall be sufficient 
for the intromitting with the escheat, as the 
same had been made at the market-cross where 
they dwell." 

As to the third indictment, seeing his majes 
ty s advocate passes from it, the pannel s procu 
rators take instruments thereupon. 

Mr William Fletcher further alleges for the 
pannel, that the libel is not relevant. For Imo, 
all criminal libels, especially such, by which 
men s lives, fortunes, reputation, and posterity 
are drawn in question, ought to be founded on 
clear and positive law and statute, and the sub- 
sumption and criminal fact ought to quadrate 
with the laws contained in the proposition ; 
whereas the crime libelled in this indictment, 
consisting of certain sentences and expressions, 
gathered up five years after the same are pre 
tended to have been spoken in a transient way, 
to persons who were passing by, are not founded 
upon any of the acts of parliament libelled, which 
do only declare what actions are treasonable, but 
do not infer forfeiture from light and rash 
words, and the utmost extent as to which the 
acts of parliament go as to this point, is only to 
punish with forfeiture, such treasonable speeches 
as are malicious and advised, as appears by se 
cond act, second session of his majesty s first 
parliament, where it is declared to be treason, 
" for any person, by writing, printing, preach 
ing, or other malicious and advised speaking, to 
express or declare their treasonable intentions, 
to plot, contrive, or intend death or destruction 
to the king s majesty." And this indictment 
not bearing that the expressions were advised 
and malicious, is not founded on the acts of par- 
liament, and so is not relevant. 2do. It has 
been the wisdom of the best governed nations, 
not to infer the crime of treason from light words, 
which may be rashly spoken, and the import 
and sense whereof may be easily mistaken; and 
therefore the Romans, who did not allow ac 
tions to arise from contracts, and pactions, and 
words, unless the same had been done by stipu 
lation, or verba solennio, took care to provide by 
their laws, that rash words should not be drawn 
in consequence, as appears by the Lex. 7. sec. 3. 
Dig. ad Leg. Jul. Majest. which bears, that lu- 
bricum lingua ad panam facile trahendum non 
est, quanqum temerarii digni poenn, sic lumen ut 
insaniis Ulis parcendum est, si non tale sit delictum, 
quod vel ex scriptura legis descendit, vel ad exem- 
plumlegis vindicandum est. And by the Lex Fin- 
nia Cod. si quis imperatori ma/edixcrit, the emper 
ors Theodosius, Arcadius, and Honorius have de 
clared, that si quis improbo jyetulantique malediclo 
nomina noslra crediderit lacessenda, ac turbukntus 


Sir George Lockhart made his triplies to , the court adjourned till next day the 


them. || To those Cesnock s lawyers gave 
their quadruples. H" When these are over, 

26th of March. 1684 

That day in the entry the king s advocate 

obtrectator tempore nostrum fuerit, eum pcence 
nolumus subjugare, sed, integris omnibus, hoc ad 
nostrum scienliam referatur, ut ex persona horninis 
dicta pensemus. And by the laws of England, 
the crime of treason cannot be inferred from 
bare words or expressions, without an overt or 
open act, as appears by what that learned lawyer 
Sir Edward Coke hath written k* his Institutions, 
upon the chap, of high treason, where he says 
expressly, " that divers late acts of parliament 
have ordained, that compassing by bare words 
or sayings, should be high treason," but all 
these are either expelled or expired, and it is 
commonly said, that bare words may make a 
heretic, but bare words cannot make a traitor, 
without an overt act. And the wisdom of the 
makers of this law would not make words only 
to be treason, seeing such variety among the 
witnesses about the same, as few of them agree 
together ; but if the same be set down in writing 
by the delinquent himself, this is a sufficient 
overt act within the statute. And the reason of 
these laws is, that the various accenting and pro 
nouncing of words may give them a different 
sense, and that the memory of witnesses may be 
lubric, and by the custom and practice of this 
kingdom, treason has not been inferred from na 
ked words without writ, unless there had been 
a long context of sermons and declamations, 
whereof the scope and design, as well as the | 
words themselves, were clear and evident: but 
treason was never inferred from transient words 
and half sentences, which might be gather 
ed together by ignorant hearers, who cannot 
take up the import and sense of a discourse. 
3tio. As to that part of the libel, by which the 
words therein mentioned are constructed to be 
a treasonable counsel and advice of encouragement 
to the rebels to go back ; the words cannot bear 
any such construction, and at most they can only 
amount to a rash advised and a treasonable 
speech, and riot to any advice that these rebels 
should return. 4-to. Albeit the words could be 
stretched to infer a counsel of rebellion, yet the 
same being consilium uudum, sine imtruclione, it 
cannot import an accession to rebellion, which 
can only be inferred from such counsels which 
may be useful for carrying on the crime ; and 
law hath distinguished betwixt an exhortation 
and a counsel to commit a crime, as appears from 
the last paragraph of the institutions de facto. 
The words are, certe qui nullam opem ad furtum 
faciendum adhibuit, sed tantum consilium dedit, at- 
que liortatusest ad furtum faciendum, non tenetur 
fitrti. And Vinnius upon this paragraph says 
expressly, that simplex consilium sine inslructione, 
neminemfurtiobligat, quantumvis furtum secutum 
sit. And Ulpianus in lege 50, sec. penult. Dig. 
de furtis, explaining what kind of counsel im 
ports an accession to a crime, hath these express 
words. Consilium dare videtur, qui persuadet et 
impellit, atque instruit consilio ad furtum facien 
dum. And Papinian, in leg. 20. Dig. de Iris qui 
notantur infamia, says expressly, that, is qui ex- 
hortatur, mandatoris opera non fungitur. And 
this is the opinion of Clarus, parag. Jin. qucest. 
86, who says, that it is communis. And albeit 
that such a counsel may import the crime of 
treason, the expression itself being treasonable, 

yet it cannot infer art and part of the crime of 
rebellion, when that comes under a distinct 
consideration from treasonable speeches. 5fo. 
As to the qualifications of art and part inferred 
from hounding out and ratihabition, the same 
are no ways relevant, and such qualifications can 
only import an accession to private crimes, which 
are committed for, or in name of any person, v. 
g. in revenge of a wrong done to him, but not 
at all in public crimes, which are not committed 
in contemplation of the party who hounds out 
or ratihabites. And therefore lawyers are gener 
ally of opinion, that such houndirfg out, or rati 
habition, does only take place in such crimes ubi 
vertitur interesse privatum, vel vindictam privatam. 
6to. The libel is not relevant in these terms, that 
the pannel spoke the words libelled, or some 
such like words to that purpose, because, in 
criminibus non licet vagari, and all criminal libels 
ought to be clear arid distinct, and especially as 
appears from Damhuderius Prax. Crim. cap. 30, 
num. 4, where he says, that omnes libellos crimi- 
narios oportet es-e clarisximos, arid that they ought 
to express omnes criminis perpetrati qualitates, 
wherein also Bartolus and other lawyers upon 
the Lex 3. Dig. de accusativnibus, do agree with 
him. And seeing the specific form of this 
crime consists in words, it is necessary that the 
same should be expressed, nee enim accusata, cum 
exislimatione alienee jacturce et discrimine vagari. 
Dig. de rei. vind. And by such a way of libel 
ling, the pannel should be prejudged of his de 
fences; for if the words which are to be such 
like, were libelled, he would make it appear that 
they are not words to the same purpose, and that 
they cannot import the crime of treason, which 
can only be inferred from clear and liquid ex 
pressions, and thereupon he would obtain an in 
terlocutor from the lords of justiciary as to the 
relevancy ; and it were a dangerous preparative, 
should points be remitted to an assize : and if 
this should hold, then his majesty s advocate 
needed not to libel any further than that the 
party were guilty of treason by giving counsel 
to rebels in general, which were most dangerous 
and absurd. As to that qualification of the libel, 
that the defender ought to have apprehended the 
rebels, conform to 144th act, 12 parl. K. Jam. 
VI. the same is not relevant to infer the conclu 
sion of the libel. For it is evident that the act 
of parliament could only take place when the 
country is peaceable, but not when armies are 
in the fields, for inter arma silent leges, and it 
would not be expected that any private gentle 
man should, by seizing upon the rebels, expose 
himself to the fury of a standing army, and qua; 
vis excusat a crimine, which consists only in neg 
ligence et non faciendo. 

It is likewise alleged, that the defender can 
not be called in question for the crime arising 
from the words libelled, in respect the same are 
libelled to be prior to his majesty s act of indem 
nity, which ought to be inviolably observed : for 
Imo. amnesties and acts of indemnity and obli 
vion, after countries have been universally en 
gaged in crimes, do become the magna cliarta 
and fundamental security of the lieges, as to 
their lives, fortunes, and posterity. And there 
fore all judges ought to be tender thereof, and 



1684 Declared, he passes from the second I George Lockliart insisted upon was, "that 
and last indictments, pro loco et tern- \ the said Campbell meeting with the wit- 

pore. The part of the libel he and Sir 

to extend rather than straiten the same by their 
decision and interpretation thereof. 2do. It is 
the public interest of the king and nation, that 
such public indemnity should take full effect, 
seeing the same bears to be made for removing 
all fears and jealousies of the people, which do 
expose them to commit new crimes, and the 
least violating of, or impinging upon the very 
borders of such indemnities, doth again open a 
way for new fears and jealousies, no man know 
ing but what is another man s case this day, 
may be his to-morrow; and the interpretation of 
such indemnities being drawn from grounds of 
law, the people cannot know how far they may 
be overtaken thereby, and therefore may return 
to their former apprehensions ; the consequences 
whereof may come to be very dangerous for the 
peace and quiet of the kingdom. And it has 
been the prudence and policy of this and all 
other nations, that when crimes did abound and 
spread as a contagion, indemnities were granted 
in ample terms, and most punctually observed. 
Stio. All pardons and graces of their own na 
ture are favourable, and are to be extended, and 
crowns are preserved by mercy as well as justice ; 
for, as Solomon says, Prov. xx. 28, " Mercy 
and truth preserve the king, and his throne is 
upholden by mercy." And it is the duty of the 
judges, inviolably to preserve in the minds of 
his people, a sense of his majesty s goodness, in 
securing to them these universal and public par 
dons, for nulla dote, nullo gencre virtutis mortali- 
tas propius accedit ad divinte nature? simililudinem, 
quam miserendo humane imbecillitati, ignosceiido 
erroribus, et injuriaxobliiiscendo. And there was 
never any king in the world, that has given 
greater demonstrations of private bounty and 
clemency to his subjects, than his sacred majesty, 
and therefore the indemnity being suited to his 
majesty s own regal temper and disposition, it 
ought notto be straitened, but rather enlarged, if 
need were, by a rational interpretation. 4/o. 
His majesty hath delared his enixa voluntas, that 
the foresaid indemnity should be interpreted 
with all possible latitude and favour, and hath 
commanded his judges to do the same upon no 
less certification than the highest peril, which 
demonstrates, how serious his majesty hath been 
that all the imperfections of his subjects should 
be covered, and that nothing might ren.din 
which mightgivethem the least jealousy in time 
coming. 5to. By the 18th act, 7th parl. K. Jam. 
I. it is expressly ordained, that no man interpret 
the king s statutes otherwise than the statutes 
bear, and to the intent and effect they were made 
for, and as the maker of them understood, and 
whoso does in the contrary, to be punished at 
the king s will. And this act or indemnity 
being one of his majesty s statutes and procla 
mations, wherein the peace and security of the 
kingdom is highly concerned, the sense and ex 
tent thereof ought not to be wrested and invert 
ed contrary to his majesty s meaning and the 
propriety of the words; and his majesty having 
expressly indemnified all treasonable speeches 
and advices contrary to the laws, under which 
general, the words mentioned in the indictment 
are genuinely and naturally comprehended ; for 
it is evident, that the general notion of treason 
able discourse doth comprehend the same. 

nesses coming from the rebellion, inquired 

| King s Advocate s Answers. 

His majesty s advocate craves leave to declare, 
that he is very much astonished to hear, that, 
by our law, it is not treason to hound out men 
to rebellion, and therefore, to shorten the de 
bate, resolves only to take notice of these four 
points. Imo. That the words spoken are trea 
son. 2do. That* the conversing in these terms, 
is an intercommuning with notour and open 
traitors, whom he knew to be such from the 
persons themselves. Stio. That these words 
are relevantly libelled, yuoad time and place, and 
i there is no place for alibi here. 4-to. That the 
j words and converse being treasonable, are not 
taken off by the act of indemnity. 

As to the first, it is undeniable, that, to advise 
people to rebellion, is, by the law of all nations, 
rebellion, though the advice consisted only in 
words, as all advices generally do; and though 
there be no particular act of parliament, de 
claring the advising to rise in rebellion to be 
treason, yet all acts of parliament, that declare 
any crime to be punishable, but much more 
punishable by treason, do, by an infallible and 
necessary consequence, declare the advising 
that crime, or that species of treason, to be pun 
ishable as the crime itself, and a special law were 
needless ; and with us particularly, art and part 
of treason is treason by statute, and to counsel 
and advise, is the highest qualification of art and 
part, because it gives life, and courage, and being 
to the crime: nor can it be denied, that if the 
doctrine of the defence were sustained, any man 
might at present go up and down the whole 
west, and invite and hound out to a rebellion, 
and who can doubt but he would be highly 
guilty of the rebellion, who did thus raise a re 
bellion ? and advice certainly is far more danger 
ous than action, and so should be more punish 
able. Nor can it be denied, but if their words 
be true, Cesnock, the pannel, did more contri 
bute to the rebellion, than these pitiful creatures 
he advised ; his prudence, influence, and interest 
being extraordinarily greater than their actions 
could have been. Likeas it is as undeniable, 
that, by the Roman law, advice to commit lese- 
majesty, were lese-majesty, cujus opera, consilio, 
et L. 1. seel. 1. d. L. Jul. Majest. and the seventh 
law cited does expressly answer itself, making 
words to be punished for treason, si tale sit 
delictum quod ex scrtptura legis descendit, as with 
us art and part, or where it is ad exemplum legis 
vindicandum, the words being of great conse 
quence, and of extraordinary evil example. And 
albeit, by that law, light and unadvised words, 
proceeding from petulance and extravagance, 
which are the very words of these laws, were 
ordinarily covered, by the emperors, with con 
tempt, pity, or pardon ; yet ubi locus venitp, ibi 
semper subest crimen, else there needed no venia 
but in this nation ; and in this case there is no 
place for this debate, for the speaker, and the 
advice, and the design, and every circumstance 
show that these words are malicious, and ad 
vised words ; for what could be more advised, 
than seriously to give advice to poor people whom 
he knew he could influence in many repeated 
expressions, all tending to the same end, incul- 
catione ct geminatiune verborum 9 and what could 
be more malicious than to upbraid them tbi 




whence, and being 1 answered, from the west- 
land army, desired them to return, for they 
would not want assistance, adding, he did 

leaving a rebellion, with the hateful name of 
runaways ; and not only advise them to return 
to an open and most flagitious rebellion, but to 
encourage them thereto, by promising them 
help, or assistance, or officers, which show a 
rooted and malicious design to have that rebel 
lion prosper? Nor are the words such mys 
terious expressions, as that every country fellow 
could not but necessarily understand, being fit 
ted designedly for their capacity ; nor could they 
forget them as loose and scattered words, being 
a sage, a designed advice from a man, whose 
parts, piety, and interest they admired. And 
what man alive could be such a brute as to for 
get the most remarkable thing they ever heard, 
upon the most remarkable occasion, and upon a 
point wherein they were so much concerned, and 
which they could not but lay deeply to heart, 
arid think often upon, because it concerned them 
all together ? and so they would remember one 
another, and because it was to be the foundation 
of the greatest resolution that ever they could 
be concerned in. As to the generality, objected 
against, of some such words, his majesty s advo 
cate craves leave to say, that an advice was never 
in more explicit and specific terms libelled; and 
in whatever terms an advice be given, it is still 
an advice to rebel, and so art and part of rebel 
lion ; nor seeks he any latitude in his libelling 
the words, further than that he said, they should 
have officers, or help, or some expression of help ; 
and it cannot be denied, but if one man should 
say, they would get help, or another that they 
should be helped, yet all these are the same ex 
pressions and the same advice, and the words are 
the more to be believed, that they are not ex 
pressly the same, being to the same purpose, and 
as to this he oppones his libel. 

And as to the second point, it is undeniable, 
that this is not an accidental meeting with re 
bels, but it is an intercommuning with them up 
on the rebellion, arid upon encouragements 
thereto, and though they were not denounced, yet 
he knew them more to be rebels, than he could 
have known them by their denunciation ; for 
they themselves told him they had come from 
the rebellion and they were only going home to 
seek clean clothes, which was an acknowledg 
ment that they were yet in the rebellion, and a 
part thereof; and this is far stronger than 
Monkland s case, and many others, who have 
been condemned for going to seek their bairns, 
or their horses ; nor do the acts of parliament 
requiring denunciation militate in this case, since 
denunciation is but a legal, and supposed, where 
as this is a certain and proper knowledge. 

To the third it is urged, that it is an uncontro- 
verted principle in our law, that no defence con 
trary to the libel can be admitted, for that were 
to admit a formal probation, that the king and 
the pursuer s witnesses are still perjured, it being 
undeniable, that if the king s witnesses prove 
that Cesnock was in such a place at such a time, 
spoke such words to such men ; but if Cesnock s 
witnesses prove that Cesnock was not there, cer 
tainly either of the two witnesses must be guilty 
of perjury, the fact being clearly libelled to have 
been expressly done, and therefore our law has 
justly abhorred, as well as rejected such defences 

not like runaways." The lords de 
bated long among 1 themselves as to 
the relevancy, replies and duplies, and at 

as are contrary to the libel ; and as, amongst many 
other instances, was expressly so decided in the 
case of Mr William Somerwell, and in the case 
of M Leod, and M Niel of Bara, in which case 
alibi of five miles distance was repelled : and 
albeit alibi may be sometimes admitted, where 
it is consistent with the libel, as where the deed 
is not very specificly libelled ; yet in this case, 
where the fact is specificly and clearly libelled 
to have been expressly done, and that the wit 
nesses knew the panriels, and that there is no 
impossibility in the thing: as for instance, if 
Cesnock should have proven himself to have been 
for six months both by sea, and after, at London 
or Paris, and should have proven this by wit 
nesses, beyond all exception, the justices might, 
eo casu, possibly prefer him to the probation of 
his alibi, because of the inconsistency and im 
possibility of the thing; yet it were most ab 
surd, and of very irreparable consequence, to 
admit Cesnock to prove an alibi of half a mile, 
and by his own friends, tenants and servants, 
for he might, in few minutes, have gone to that 
town without observation ; and is it not much 
more equitable, as well as legal, to believe three 
witnesses, who must be eternally damned for no 
advantage, and living in a country to which it 
will be impossible to return, if the thing be false, 
than the laird s own tenants and servants, who 
besides the general kindness, are of one sect, 
that think there is no sin to bring off their own 
friends, as is to be seen in very palpable instances? 
And by the nature of our assizes of error, it is 
clear, that our law believes, that men are much 
more inclined to assoilie than to condemn ; nor 
shall ever the king prove the treason, or any 
clanned man may be proved criminal, if this 
kind of alibi be sustained, and for this cause no 
evidences are received and sworn against the 
king in England. 

As to the act of indemnity, the act itself is op- 
poned. wherein the whole scope will show, that 
there is no design to secure by it fanatic heri 
tors and ministers, but only the poor and de 
luded multitude ; and therefore his majesty does 
expressly except, not only the heritors and min 
isters who have been in the rebellion : But 2do. 
Such as were contrivers of it. And Stio. Such 
heritors as contributed thereto by men or money; 
and what is a more clear and express contribut 
ing to a rebellion by men, than to advise men to 
go to it, and to encourage them to go to it, and 
to promise them assistance ? And the laird of 
Cesnock s countenance and well-wishing to that 
cause, could have actually contributed more 
than a little heritor sending out one or two men, 
arid yet that little heritor would have been guilty, 
though contributing far less. As also, according 
to this his promise and encouragement, thepan- 
nel did send, or at least connive at a great many 
of his tenants and servants going to the rebellion, 
and, as a sign of his affection, did suffer them 
peaceably to live upon his ground, after their 
return from the rebellion : Nor is his majesty s 
advocate resolved to debate this reset, as he 
might, to be, per se, the crime of treason and re 
bellion, being resolved here only for to use it as 
an high aggravation and qualification of his 
having contributed toward the success and en- 




. length came to give this interlocutor. 
"The lord justice-general, justice- 
clerk, and other commissioners of the jus- 

enoouragement of that rebellion ; for though a 
nobleman or gentleman, who lived in a coun 
try distant from his tenants, or being amongst 
them, meddled a little with them, might pre 
tend some favourable construction for his ignor 
ance, oversight, or connivance, yet Cesnock 
having promised encouragement, and being 
himself, and fur many years, founded upon the 
principles of self-defence, whereupon Both well- 
bridge was built, and having gone alongst, in the 
last age, in far more open and dangerous opposi 
tion to the king s authority than Both well-bridge 
was, and having very many tenants amongst 
whom he conversed every day, being a diligent 
and knowing man, it is impossible for any man 
of common sense to understand how any man of 
his intelligence and sense could not have been 
most watchful over them, and not suspect, hav 
ing so much interest in these tenants and ser 
vants, whom even silly and remote strangers 
knew to have been in the rebellion, especially 
seeing so notorious a man as Mr Brown, who, 
though he was not his servant, yet frequented his 
house, and wherever he lived, Cesnock could not 
but hear that he was in the rebellion, being the 
ken-speckled man in it, and his own porter, be 
ing born within a mile of his house, in his own 
land, and notoriously known by all his own ser 
vants, to have been in the rebellion, he having 
owned universally, without reserve or secrecy, 
to the whole servants, that he was in the rebel 
lion; and yet, after he had kept him as long as 
he could agree with the young lady, he sent him 
away with a certificate and recommendation. 
All which being joined, does clear that he was 
one of these ringleading contriving heritors, who 
is excepted by the act of indemnity, especially 
seeing writing and speaking is not at all relative 
to rebellion, but to misrepresenting judicatories, 
&c. The citations adduced by the pannel s pro 
curators are not answered, because his majesty s 
advocate thinks them only places common, and 
ill applied. The lords continue this criminal 
action and cause, and all further trial therein, 
till to-morrow, and ordain the panriel to be car 
ried back to prison, under the pain of four hun 
dred inerks, the witnesses and assizers to attend. 

Cesnock s lawyers duplies. 
Mr Walter Pringle, for the pannel, as to the 
defence founded upon the defender s alibi, when 
the pretended expressions were alleged to have 
been spoken, duplies, that the said defence is 
most relevant, and is no ways elided by the re 
plies ; for albeit the defence is a negation of the 
libel yet is uoipura iiegutio, but is negatiua, coerci- 
tula loco el tenipore, qua max-inie cudit sub sensu 
testis, and such negatives are perpetually sustain 
ed in all criminal actions, ad probandam iinio- 
ceniiam rei, according to the unanimous opinion 
of all lawyers who write upon the subject of 
crimes; and the defence that Cesnock was at 
home in his own house all that day, that the per 
sons mentioned in the libel came to Galston, is 
so sircu instantiate and circumscribed by time 
and place, as that it is naturally impossible he 
could have met with them at Galston-bridge 
that same day, except the absurd of bilocatio cor- 
porum were allowed. And whereas it is pre- 

ticiary, find that article, as it is libelled in the 
last indictment, * that the pannel having met 
with the persons mentioned coming from 

tended, that the defence is never sustained, but 
where the distance of the place is such, as that it 
was impossible the party could be present: It 
is duplied, that this pretence is most irrele 
vant; for albeit the distance of alibi, were but 
half a mile, or only distinct rooms in the same 
house, yet it isas really alibi, as if the distance were 
an hundred miles ; so that whatever be the dis 
tance, if it be clearly proved for the pannel, by 
famous witnesses, that he was all that day in his 
own house, it is as naturally impossible he could 
have been at Galston-bridge, as if he had been 
all that week at Paris. And it cannot be con 
troverted, but if a murder were committed in 
the next room, and that a person in another 
room of the same house should be accused for it, 
the defence of alibi would be sustained, if he 
could prove by witnesses, that he went not out 
of his own room all that day when the murder 
was committed, the witnesses being present with 
him all that time; and as this defence is unques 
tionably relevant, so it cannot be presumed but 
to be most true, it being well known that Ces 
nock is a most circumspect person, and hath 
constantly, upon all occasions, declared his ab 
horrence of all rebellious courses, and hath al 
ways, at the bar, declared before Almighty God, 
upon his solemn oath, that he never spoke these 
words, nor any treasonable words to that pur 
pose, directly or indirectly, to these nor any 
other persons; arid if he were of such wicked 
principles, it is not rational to imagine, that he 
would disown them upon so solemn and sacred 
an oath, but that he would rather satisfy him 
self with a bare denial ; especially when he knows 
his oath cannot absolve him, and consequently 
there was never greater reason, in any case, for 
sustaining the defence of alibi, than in this case; 
and his majesty s advocate ought to condescend 
upon the precise day that the alleged words were 
spoken, all lawyers being positive, and particu 
larly Carps. Par. 3. Quest. 103. Num. 85. that 
when the defence of alibi is proponed, the express 
day, when the crime was committed, must be 
expressed; and he asserts this as the common 
opinion, a qua nequaquam est recedendum, and 
cites many of the famous lawyers, as Bassius, 
Clarus, Jason, and Mascardus. 

As to the replies against the defence founded 
upon the act of indemnity, it is duplied, that 
the defence is unanswerably clear : for Imo, it 
cannot be controverted, but that the pretended 
expressions, mentioned in the libel, are com 
prehended in clear and express terms, under the 
general clause of the act of indemnity, whereby, 
in express words, all persons are indemnified, 
who have spoken, written, printed, published, 
and dispersed any traitorous speeches, or have 
advised any thing contrary to the laws ; which 
clause is so clear and comprehensive, that it is 
impossible to suppose any case where treason 
had been committed, either by transient speeches, 
or even by a tract of discourse, or by treasonable 
counsel or advice, but the same will fall under 
the said general clause, and be thereby indem 
nified. 2do. The exception, in the said act of 
indemnity, of all such heritors or ministers, who 
have been in the late rebellion, or were con 
trivers thereof, and such heritors as have con- 




the rebels in arms, June 1679, and haying- 
asked them where they had been, and 
when they had told him they had come 

tributed thereto any levies of men or money, 
can never be stretched to deprive Cesnockof the 
benefit of the indemnity ; because, albeit the 
expressions libelled were true, as they are not, 
it is impossible that they can ever infer the 
several cases whereupon the exception is founded ; 
for it is neither libelled, nor can it be pretended, 
that Cesnock was actually in the late rebellion, 
nor yet that he contributed thereto by the levies 
of men or money, but on the contrary he con 
curred, to the utmost of his power, to suppress 
the same, and did always declare his abhorrence 
thereof, and kept his horses and arms from 
being taken by the rebels. And as to the other 
case of the exception, whereby contrivers are 
excepted, it is not possible, with any propriety 
of words, to infer from the expressions in the 
libel, that Cesnock was a contriver of the 
rebellion, because the true and proper sense and 
meaning of contrivers, is only where a person 
hath consulted and combined with the ring 
leaders to raise the rebellion, and hath laid down 
methods for that effect, which cannot in the 
least be inferred from the words of the libel, 
seeing the rebellion was contrived, formed, and 
had proceeded to a great height, before the pre 
tended expressions were emitted ; and therefore, 
by a necessary and clear consequence, can never 
be understood to have been contrived by these 
pretended subsequent expressions, which could 
never be the cause or occasion of that which 
had formerly taken effect, and had been so far 
consulted and contrived, as to break out to an 
open rebellion before the pretended expressions. 
3tio. What is understood by contrivers, is 
clearly explained in the subsequent words of 
the exception, viz. such heritors are only to be 
understood who have contributed by levies of 
men or money ; which words are not insert 
alternative, but copulative, and as an explanation 
of the word contriver. 4fo. If reasonable ex 
pressions relating to the late rebellion be so 
interpret, as to infer a contrivance thereof, then 
the benefit of the indemnity, as to all heritors 
and ministers, will be frustrated in every case, 
just as if the exception had been absolute and 
simple, without any qualifications : for it is 
certain, that in all house and field-conventicles, 
the ministers did not only preach in downright 
terms, and maintained and defended the horrid 
principles of rebellion against his sacred majesty 
and his government, but also, in direct terms, 
encouraged and incited the people to rise in 
open arms, and the rebellion did immediately 
follow : and yet the lords of justiciary have 
never denied the benefit of the indemnity to 
any such ministers or heritors present at such 
conventicles ; so that it appears evidently that 
treasonable preachings and discourses, albeit 
previous to the rebellion, never have been inter 
pret to inter the contrivance mentioned in the 
exceptions, and far less can the same be inferred 
from treasonable expressions, emitted after the 
contriving and actual raising of the rebellion. 
And if such expressions should be stretched to 
infer a contrivance, it is impossible to suppose a 
case where an heritor or minister is guilty of 
traitorous speeches relating to the late rebellion, 
but he may still be brought under the compass 

from the westland army, he said he 
had seen more going- to them than 
coming from them, and he having asked 

of that exception, and be debarred from the 
benefit of the indemnity, because it may be 
always pretended, that such expressions and 
treasonable speeches, if previous to the rebellion, 
did encourage the people to rise in arms, and if 
subsequent to the rebellion, that they encouraged 
the people to continue, and infer a ratihabitiori ; 
so that, by these pretences, the exception is as 
large as the rule, and the indemnity will prove 
a snare to all heritors and ministers who had 
just reason, by the general clause of the indem 
nity, and the express words, to look upon them 
selves as thereby secured from the guilt of all 
treasonable speeches, spoken, written, printed, 
published, or , and of all counsel and 

advice contrary to the laws, unless a clear con 
trivance of the rebellion by contriving with the 
ringleaders in raising thereof, and contributing 
thereto by levies of men or money, were made 
out against them, which is not, nor cannot be 
pretended against the pannel. bto. As by the 
common laws of all nations, all indemnities and 
acts of oblivion must be favourable, and largely 
interpret and extended, and not merely limited 
in prejudice of the persons who claim the 
benefit thereof, so, by the indemnity itself, all 
his sacred majesty s judges are expressly com 
manded to interpret the same with all possible 
latitude and favour, as they will be answerable 
upon their highest peril ; and such clauses are 
usual in all his majesty s indemnities and acts 
of oblivion, as may appear by the indemnity 
after his majesty s restoration ; whereby it is 
expressly ordained, that every clause and word 
thereof be understood in the most favourable 
sense the expression can bear ; and consequently 
the pannel may justly expect, that the lords of 
justiciary will allow him the benefit of his 
majesty s gracious pardon, will not suffer the 
general word in the exception of contrivers, to 
be inferred from the pretended expressions men 
tioned in the libel, upon nice and empty debates 
and stretches, contrary to the true meaning, 
import, and design of the said indemnity. 6to. 
Whereas it is pretended, that the exception does 
comprehend all heritors who have been actually 
in the rebellion, so it may comprehend all such 
heritors who are not art and part of the rebellion, 
or are accessory thereto. It is answered, that 
the allegance ought to be repelled, because the 
exception can only be understood according to 
the express terms and qualifications thereof, viz. 
that such heritors are only debarred who have 
been in the late rebellion, or were contrivers 
thereof by contributing thereto, of levying of 
men or money, and art and part, or any accession, 
to the rebellion, otherwise than according to 
these express qualifications, can never be under 
stood to have been intended or meaned by the 
exception; for then the exception had run in 
these express terms, viz. that all heritors or 
ministers should be excepted who were in the 
late rebellion, or art and part thereof, or ac 
cessory thereto ; and the exception not being so 
conceived, it ought not to be extended beyond 
the precise qualifications of accession therein ex 
pressed, especially seeing his sacred majesty com 
mands all his judges to expone this indemnity 
with all possible latitude and favour, as they 






wcre to return, and 
they answered they knew not, said 
to them, he liked not runaways, and that 

they should get help if they bide by it ; or 
words to that purpose, as they are declared 
by his majesty s advocate, viz. that they 

will be answerable upon their highest peril : 
and to stretch and extend the exception to all 
the various cases of accession, or art and part, 
would be so far from interpreting the same 
with latitude and favour, that, upon the con 
trary, the interpretation would be rather rigor 
ous and without any favour, and the exception 
would be as large as the rule, so that the indem 
nity should import nothing as to heritors in the 
case of treasonable speeches, albeit all persons, 
without any distinction, are indemnified for 
speaking, writing, printing, publishing, or dis 
persing any traitorous speeches, and even for 
giving counsel and advice in any thing contrary 
to the laws, which were to frustrate one of the 
greatest ends of the indemnity. 

As to the additional libel, it is further alleged, 
that the same cannot be sustained, either simple 
or as an aggravation, because there is neither 
year, month, nor day condescended upon, in 
which the crimes libelled are alleged to have 
been committed, and the year, and month, and 
day are essential in all criminal libels. 

Sir John Lauder for the pannel replies fur 
ther, that the defences stand relevant, notwith 
standing of his majesty s advocate s answer. 
And quoad the first, that the words alleged ut 
tered by the pannel, are not naked treasonable 
expressions, but are art and part of treason, 
and must be presumed to have been malicious 
and advised speeches. For Iwo. this were to 
confound the limits of two distinct species of the 
crime of perduellion, words having for their 
form and essence nudani verborum emissionem, 
which are liable to mistake, especially by persons 
of no breeding or quality, who can give no re 
miniscence after live years time, unless they had 
taken notice of it instantly, and redacted it unto 
writing ; and lawyers make a very great differ 
ence between words, that of their own nature 
tend to the commission of a crime, and such as 
non causam, sed occasionem tantum prabent de- 
linquendi, of which Anton. Matth. upon his 
title de Icesa Maj. pag. 324, gives a very remark 
able instance out of Farmacius, of a choleric 
captain in the march of the army ; because their 
pay was not punctually paid, he broke forth into 
this seditious expression, "It is a wonder that 
the soldiers mutiny not;" which being handed 
down amongst the companies, a sedition imme 
diately arises in the camp ; and yet the lawyers 
determine, that he is not perdueUionis reus, quia 
non lain causam quam occasionem seditioni dcdisse 
judicandus est. 

As to that part of his majesty s advocate s an 
swer on the 126th act, 12 parl. king James VI. 
that he needs not in this case say, that the par 
ties with whom Cesnock is alleged to have had 
the conference, were denounced rebels at the 
head burgh of the shire where they dwell, be 
cause he had a more certain ground of knowledge 
out of their own mouth, than any such denun 
ciation could have given him. It is duplied, 
that their saying they came from Tolcross-park, 
could not put him in mala fide to luok upon 
them as rebels, because they might have been 
there by restraint, or other excusable occasion, 
or might have come away in obedience to his 
majesty s proclamation, commanding all these 

rebels to lay down their arms. 2do. Where the 
law has fixed upon a solemnity, such as denun 
ciation at the market-cross, and private know 
ledge does not supply the want thereof, as we 
see in the case of intimations, of assignations, 
and many others, seeing id tantum scimus quod 
dejnre scimus. 

As to the third allegance made against the de 
fence of alibi, that it is contrary to the libel, and 
that the defence condescended upon, is so incon 
siderable, that it does not elide the libel, it is 
answered, that in many cases defences contrary 
to the libel, are both admitted and sustained. 
As for instance, where one is pursued super 
homicidio pr&meditato, and he founds his defence 
upon the late act of parliament 1661, anent casual 
homicide and slaughter in self-defence, yet that 
by all the laws in the Christian world is allowed 
to be received. %do. There is a propositio ceternai 
veritatix, that Cesnock wasinhisown houseallthat 
day, wherein Crawford and Ingram passed by 
the bridge of Galston, and which consequence 
is so deeply rooted in nature, that no rhetoric or 
conviction can persuade us of the contrary : and 
this demonstration is confirmed by no less tes 
timony than that of an angel, who tells the dis- 
j ciples that Christ was risen, ergo, he was not in 
I the grave, and yet he was at no great distance ; 
I and in these cases, majus et minus non variant 
\ specie, and it is as infallibly true, that Cesnock, 
| if he was all that day in his own house, was not 
at Galston no more than he was at Paris. 

It is further added and argued in behalf of 
what is already alleged in the act of indemnity, 
that such acts by the inviolable laws of all na 
tions, have been esteemed sacred and inviolable, 
non movenda, non tangenda, without a curse, and 
the loosing or questioning such securities gives 
a fatal blow; as if Caligula had got his wish, of 
whom Suetonius in ejus vita, tells, that he wish 
ed the whole people of Rome had but one head 
and one neck, that with one stroke he miht 
strike it off : and many thousands of his majes 
ty s loyal deserving subjects, both in southern 
and western shires, would be in that case, if 
this act shall not be found to defend ; and it were 
a strange analogy of the law, that the rebellious 
and seditious field-preachings of these dema 
gogues, shall be comprehended within this act, 
j and a few transient, put up, and incoherent words 
! alleged against the pannel, shall not be indemni 
fied. As for example, it was reported, that 
i from the 22of Joshua, verse 22, the God of gods 
I knows, and Israel shall know, that if we be in 
rebellion this day, God will not save us. These 
firebrands did assure the people, that every hair 
of their head should be a man, the grass of the 
i field should fight for them, and that they behov- 
I ed to come forth and help the Lord against their 
i mighty oppressors; and yet these, which can 
I admit of no probation, are certainly pardoned. 
And whereas it is pretended, that Cesnock falls 
within the compass of the exception, as a con 
triver and contributor of levying of men or 
I money. It is answered, that the words, except 
they be tortured, can admit of no such sense, et 
propria verborum significatione slaudum est, nisi 
inde absurdus resultet sensus ; and there is much 
more reason here, where the indemnifying part 




should have officers and help, or some ex 
pressions of help, relevant to infer the pain 
of treason ; and repel the defence founded 

is ordained to be explained with all favour. 
Ergo, a contrario sensu, the exceptions diminish 
and lessen this indemnity, ought to be taken in 
the strict and precise signification, without ex 
tension or amplification ; and it is known, with 
out consulting critics, that contriving imports 
an antecedent accession, which could not take 
place here, it being acknowledged by the libel, 
that the rebellion was formed in being before this 
accidental rencounter, so thnt he is certainly 
within the terms of his majesty s indemnity, and 
craves his majesty s advocate s concourse for 
maintenance thereof. 

|| Sir George Lockhart s Triplies to Cesnock s Advo 

Sir George Lockhart for the pursuer, does insist 
upon that point of the libel, that the pannel did 
intercommune and converse with the persons 
condescended upon and libelled, who had been, 
and still were to be considered as in the state of 
rebellion. And as to the objection, that they 
were not denounced at the market-cross of the 
head burgh of the shire of the same, is most ir 
relevant, because, albeit after a rebellion is sopite 
and extinguished, and that persons who had been 
engaged in the same, did publicly converse, and 
go up and down, the act of parliament mention 
ed in the defence, may take place by denunciation 
at the market-cross, to proceed to put persons in 
mala fide; yet it is absurd and contrary to all 
law and reason, that the said act of parliament re 
quires any such solemnity, as to persons engaged 
in an actual state of rebellion, it being strange to 
suppose or imagine, that his majesty s subjects 
might converse with rebels actually engaged in 
arms, or that it were a possible case to use the 
solemnities of denunciations at a market-cross, 
against a concourse and combination of execra 
ble rebels, before they were dissipated, or the re 
bellion extinguished. 

2do. The pursuer does also insist upon the libel, 
as founded upon the words and expressions con 
descended upon, as being treasonable in the high 
est degree, and a downright accession to the 
rebellion, it being certain by the common prin 
ciples of all law, that mandans vel consulens 
delictum, tcnetur ad pcenam ordinariam delicti, as 
being the spring, rise, and source of the same ; 
and the words libelled, do directly import a 
counsel and advice to the persons condescended 
upon, to return to the rebels, and the reasons and 
motives condescended upon, that they would not 
want help or officers, were equally treason. And 
as to the objection made, that it was nudnm con- 
silium, and there was no instruction, and albeit 
the words should import the crime of treason, 
yet not an accession to the rebellion, it is an 
swered : the words and expressions libelled, are 
a clear, evident and plain advice, that are not 
capable of any benign sense or interpretation : 
and the pursuers do not understand what is 
meant by instruction ; for there was no necessity 
to condescend upon the particular way and me 
thod, how they were to return and serve in the 
rebellion : but the words contain more than the 
law requires; for they not only contain a coun 
sel and advice, but condescend upon motives and 
reasons, which are the highest and most rational 

upon the indemnity, and the defence 
of alibi as propounded, and all other 
defences." They find the libel relevant, 

instruction for enforcing of counsel, not only 
from the authority and influence of the person 
giver, in expressing his dislike with their coming 
from the rebels, but also containing a motive 
and reason of their encouragement, that they 
would not want help, or be supplied with officers. 
And as to the pretence that the words are trea 
sonable, yet they import no accession to the re 
bellion, it is answered, that all counsels and 
advices import and assume the nature of that 
crime to which the counsel and advice is given. 
As for example, a counsel and advice to commit 
murder, is an accession to murder, and just so 
in the crime of theft, and all other crimes, and 
a counsel and advice to join with, or return to 
rebels, is directly an accession to the rebellion, 
the action itself, and the counsel to which it re 
lates, being in all cases one and the same crime. 
And as to that objection against the relevancy of 
the libel, that the words condescended upon bear 
that expression, or such like, and that non licet 
vagari in criminalibus, it is answered : the ob 
jection is frivolous, and the libel being special as 
to the words, there is no generality or uncertain 
ty as to that clause, or such like, because it can 
not admit of any variation which is material, or 
can alter the sense or import of the words libel 
led ; and whatever defences can be competent to 
the pannel for taking off the words libelled, will 
no less militate against any words or expressions 
which are equivalent ; and it is a rare conceit 
to imagine, that if the witnesses to be adduced 
to prove the libel, should vary in expressions not 
material, that therefore the libel were not rele 
vant, or were not proven. 

As to that allegance, that the pannel was alibi, 
and was in his own house at Cesnock at the time, 
when the witnesses can be able to prove the 
words libelled, and that the pursuer ought to con 
descend upon the day, to the effect the defence 
of alibi may be competent, it is answered, Imo. 
that this objection is contrary to law, and there 
cannot be a more dangerous preparative to his 
majesty s interest, and whereupon the greatest 
of criminals and malefactors might escape : for 
Imo. both the common law, and the laws of this 
kingdom, and the inviolable practick of the court 
in criminal libels, there needs no more conde- 
scendence than the year arid month, and as to 
which the law is clear and positive, in that title 
where the same is ex prof esso under consideration, 
viz. Digest, de accus. et inscript. leg. 3. where the 
words are, libellorum inscriptionis conceptio talis 
est. Lucius professus est se meminisse, 

leg. jul. de adult, ream dej erri quod dicat earn cum 
Gavio Sevio in civitate ilia, domo illius, mense illo, 
consulibus Mis, fyc. and again, neque autem diem 
neque Itoram invitus compreliendit. 2do. It is the 
common opinion of all lawyers, particularly 
Gomes, in that title qualiter formetur accusatio, 
where he states the question, and does positively 
resolve in these words, Si vero factum out delic 
tum omni tempore est punibile dies et hora 
commissi criminis non dcbet poninec insert in libel- 
lo, nee probare, quia per hoc nirnis coarctaretur 
accusator, et tenderet in grave danmum reipublicce. 
And again he says in the same place in express 
words, imo quod accusator, etiam monitus et re- 
quisitus ab adversaria, non tenetur ponere diem, 



and remit it to the knowledge of an 

assize. 1 do not find the lords were 

unanimous in the interlocutor, but it carried 

nee horam commissi criminis, rtecjttdex possit eum 
ad hoc compellere ; and of the same opinion is 
Julius Clarus, Qucest. 12. Num. 13. Far in and 
others. 3tio. Ho\v is it possible it can be other 
wise? for suppose that the witnesses to be ad 
duced by the pursuer shall prove positively the 
crime, and the person who commits the same, 
and the circumstances in which it was commit 
ted, can there be no contrary probation allowed, 
either directly, or by inference, to take off the 
force of that probation ? which were just to al 
low witnesses to depone contra dictum testium: 
but as the point is clear in the^rneral, so there is 
no necessity to enlarge upon this debate, as to this 
special case", in regard the alibi condescended upon, 
viz. that the pannel was at his house in the town 
of Galston, about half a mile distant from the 
place condescended upon and libelled, by no law 
was ever admitted, either in judicio civili aut 
criminali ; and the reason is clear and undeni 
able, in respect it is possible in such a circum 
stantiate alibi, that the pannel might have been 
guilty of the words libelled, and might have had 
opportunity of meeting with the witnesses, es 
pecially there being no qualifications conde 
scended upon to enforce the alibi, as that he was 
detensus in carcerc, or affljnis lecto, but does ac 
knowledge to be in perfect health, going up and 
down doing his affairs, and so is a case tuto ccelo 
different from an alibi so circumstantiate and 
qualified by reason of the distance, that there was 
i mpossibilitas natures. 

And as to that allegarice, that the pannel has 
the benefit of his majesty s indemnity which ex 
tends to all treasonable speeches, and to be in 
terpret in the greatest latitude, and most be 
nignly and favourably. It is answered, I mo. 
That the act of indemnity is opponed ; for first, 
it is clear by the act itself, it is not a simple in 
demnity, but contains the exceptions therein 
mentioned, and therefore must be congruously 
interpret, that it may not, only import an indem 
nity, as to such for whom it was intended, but 
also that such as were excepted and excluded, 
should not enjoy the benefit of the said indem 
nity. 2du. It is acknowledged, that treasonable 
speeches having no relation to the rebellion, do 
fall under the indemnity, and are secured there 
by ; and there are many instances of treasonable 
speeches, which need not be condescended upon. 
The exceptions in the act of indemnity are plain 
arid clear, that heritors who were contrivers of 
the rebellion, and contributers thereto, by levies 
of men or money, should not enjoy the same. 
The plain meaning, and English whereof, does 
comprehend all accession to the rebellion, and 
the words libelled do import a direct accession 
to the rebellion. And as to the objection, that 
none can be reputed a contriver of the rebellion, 
but such who advised the first raising and 
eruption of the rebels, it is answered : the pre 
tence is most irrelevant ; for a rebellion being 
equally to be considered in relation to the first 
eruption, and to all breaking forth of the same, 
it is against sense to pretend, that there is any 
rational difference whether one did advise the 
first eruption of the rebellion in one corner of 
the kingdom, or did advise, in order to the iu- 

by plurality of voices. Every body was 
surprised to find that Cesnock s defence of 
proving himself alibi that day was conde- 

creasing and strengthening of the rebellion in 
another corner of the kingdom, the crime as 
to the atrocity being the same; and rebellions 
are not to be looked upon as the result of formed 
and communicated counsels, but every act and 
advice in relation to rebellion is of the same 
nature, and a contrivance, and a strength 
ening and increasing of the rebellion, and so 
justly excluded fronn the act of indemnity ; and 
to advise, and to contrive a rebellion in the west, 
was just the same contrivance as to contrive a 
rebellion in Galloway, where it first broke out. 
The case does also fall under that clause by con 
tributing to the rebellion, by levies of men or 
money; for contributing by levies, cannot be 
understood as if levies were raised by authority, 
but only that persons run to the rebellion ; and 
therefore the giving advice to any, either to go 
to the rebellion, or to return to the same, was 
perfectly to contribute by seniiing of men to the 
rebellion ; and if it were otherwise, the excep 
tions contained in the act of indemnity were of 
no import or significance; and all that was in 
tended by the indemnity in relation to that re 
bellion, was but to secure the deluded multitude, 
who were easily imposed upon, and led by in 
fluence or example, but otherwise to secure her 
itors who -were contrivers of the rebellion, or 
contributed thereto ; and if any such thing could 
be sustained, it would evacuate the indemnity as 
to the exception, and condemn the public pro 
cedures already made against such persons who 
fall under that head of contrivers of the rebellion, 
or contributers thereto, albeit with that artifice 
and cunningness they did not appear, nor were 
not actually engaged in the rebellion. 

f Cesnock s Lawyers Quadruplies. 

Sir Patrick Home quadruples to that, that 
the expressions mentioned in the dittay are not 
only treasonable words, but do import counsel 
and advice to these persons to go back to the re 
bellion. It is answered, that the expressions 
mentioned in the indictment, are not treasonable 
words, seeing they do not fall under any express 
law against treason ; and albeit such rash and 
inconsiderate expressions might make a man 
liable to an arbitrary punishment, yet they can 
never infer the pain of treason, which can only 
be inferred from these express cases mentioned 
in the laws ; and penal laws are to be restricted 
arid not extended, as is clear from all lawyers ou 
that subject, and particularly Carp. 1. Par. 
Qusest. 9. Num. 13. Poenales sanctiones in iis 
tanttimmodocasibusrecipiendaesunt, quorum ex- 
pressa fit mentio in legibus, neque enim pcena gra- 
vior alicui imponi debet, nisi in casibus jure ex- 
pressis. And Par. 2. Qusest. 56. Quod in poenis, 
vel statutis poenalibus extra proprietatem ver- 
borum fieri non debet, ad Leg. 42. Dig. de poenis, 
interpretatione legum, pcenee molliendae sunt 
potius quam asperandae. 

2do. The expressions cannot import counsel 
and advice, so as to infer the crime of treason, 
seeing crimes cannot be inferred from remote 
causes and inferences, to make the party liable 
ad pcenam ordinariam. As tor instance, if a 
man having been fighting with his neighbour, 



scended on in the libel, when he should have 
uttered the expressions above set down, to 
find this most valid defence, I say, repelled 

they should be separated, and as they were 
coming out of the way, should meet with 
another, and he should ask him from whence he 
came, and he should answer him, he came from 
such a place where he was fighting with his 
neighbour, and that he came away and left him, 
and the person should say, he liked not runaways, 
and bid him take coura ge, and if he would bide 
by it he would get help ; it were absurd to pre 
tend the person that met him by the way, and 
had these expressions to him, should be guilty 
of the man s fighting with his neighbour; and 
the like may be instanced in many cases of the 
like nature. 

3/o. It is the opinion of all lawyers, that when 
it is provided by a statute, that the person who 
gives counsel and advice should be liable to the 
same punishment, is only understood of counsel 
and advice before the committing of the crime, 
but not thereafter. Bartol. in Leg. furtum, Dig. 
defurtis, par. 2. Marcel. Con. 30. Num. 31 and32. 
Stalulumdicens quod pr&s ans auxilium, consilium 
velfavorem malefico, tali pcena puniatur, debet in- 
telligi quando malejicium est in fieri, secus autem 
in malejico jam facto perfecte et consummate, et 
sic ante non post delictum, quia de illo statuto lo 
quitur. And Minockius Cas. 351. Num. 6. re- 
quirUur quod consilium, prcecedat delictum, nam 
si secuto dclicto daret consilium, illud certe isfrus- 
tratorum, nee enim suasus delinquens eo consilio 
ad delict um perpelrandumprocessit. 

4>to. Whereas it is pretended, that the indict 
ment, in so far as it is libelled that the defender 
spoke these words, or some such words to that 
purpose, is relevant in these general terms, see 
ing the pursuers condescend that the defenders 
had the like words to encourage the party. It 
is answered, that the defender spoke these words 
or such like alternative, is riot relevant, it being 
a certain principle in law, that whenever a crime 
consists in words, the specific words ought to be 
condescended upon, for if the libelling of a crime 
arising from a particular fact, as the fact and 
deed must be condescended upon, and the libel 
will not be relevant in these terms, that the de 
fender committed the fact and deed, or some such 
deed to that purpose ; so by the same reason 
when a crime is libelled arising from words, the 
particular specific words ought to be condescend 
ed upon, seeing the varying of a syllable or a 
letter, will also alter the meaning and sense of 
the words, and if it were otherwise, then the 
pursuer might libel no more but treasonable 
words in general, which were absurd. 

5/o. Whereas it is alleged, that the conversing 
with the persons mentioned in the indictment, 
doth infer intercommuning with notour rebels, 
seeing the defender did know that they had been 
in the rebellion, it is answered, that it is ab 
solutely denied that the defender did know that 
anj- of those persons had been in the rebellion, 
and private knowledge being actvsanimi et intel- 
leclus, which can only be proven by writ, or oath 
of party, which cannot be admitted in this case; 
but if it were allowed, he could very freely de 
clare, as he has already done, that he did not 
know that these persons were in the rebellion. 
And seeing the law has fixed on that solemn and 
specific act of denunciation at the market- cross 

by the lords : and this was a pre 
sage of what the issue would have 
been had not probation failed. With this 

of the shire where the rebels dwelt, to be the only- 
thing that puts lieges in mala Jide, to supply ov 
intercommune with these persons who had been 
at the rebellion, no other thing, how notour so 
ever, can put the lieges in mala Jide, but only the 
denunciation at the market-cross of the shire, 
conform to the express act of parliament. And 
it is evident by nis majesty s proclamation in 
April last, that the resetting, supplying, and in 
tercommuning with persons that have been in 
the rebellion, does not infer the crime of treason, 
unless they were denounced at the horn, and for 
feited for rebellion. And seeing his majesty s 
advocate has already declared, that he makes 
only use of that article of the libel as a qualifi 
cation, the defender needs say no more but op- 
pone the act of parliament which sufficiently 
takes it off. 

6/0. Whereas it is alleged that the defence of 
alibi is contrary to the libel and so cannot be sus 
tained, it is answered, that albeit it be no nul 
lity in a criminal libel, it the libel bear the crime 
to have been committed upon one or other of 
the days of such a month, in such a year of God, 
yet if the defender desire the pursuer to conde 
scend upon a precise day, he ought to conde 
scend thereupon, that he may not be precluded 
of his defence of alibi, which is not contrary to 
the libel, but elides the libel. As for instance, 
if it had been libelled that the defender had killed 
a man at Kdinburgh, on one or other of the days 
of June 1679, and the pursuer condescending 
upon a particular day, and the defender should 
prove, that all that day he was at home at Cesnock, 
this wereenough to elide the libel, which is clear 
both from the civil and common law. Cap. final, 
parag. libellorum, Quasi. 8. and from all the 
lawyers who write upon that subject, and par 
ticularly Bartol. in Leg. is qui revs, Num. 10. 
Dig. de imp. judiciis, et Jason in lege arbitraria, 
2 parag, si qiti:< Ephesi. Num. t>. de eo qui certo 
loco. And Farin. Qufest. 1, Num. 20, And 
Gail. Lib. 1. Obser. 64. who is express, that albeit 
it be no nullity of the libel, albeit the particular 
day be not condescended upon, yet if the party 
desire, he ought to condescend, nam omissio diei 
reo auj erret defensionem, ergo exprimenda, quia 
probare possit eo die in tali loco non fuisse. As 
also, this is clear from the law of our neighbour 
nation of England ; as appears by 37 statute K. 
Henry VIII. by which it is statute, that in all 
criminal libels, the day and place must be con 
descended upon ; and from our own law, Cap. 8. 
Quon. altac. By which it is provided, that the 
names of the parties, day, year, and month should 
be expressed, and damage must be condescended 
upon : so that by the law it is as necessary to ex 
press the precise time in the libel, if required, as 
to condescend upon the party s name, the cause 
of complaints, and the place where the crime 
was committed. And as this is clear in the 
general, much more ought the pursuer to con 
descend in this particular case, seeing if the 
pursuer condescend on the day, the defender not 
only offers to prove alibi that day, but that he 
was all the day at home in his own house. Quce 
est defensio certata loco et tempore ; and so being 
a positive exception ought to be sustained to elide 
the libel, especially seeing it is likewise offered 




1684 " 1 t er l cutor tne court adjourned to 

the 27th. 
Upon Thursday the 27th, the assizers 

to be proven by persons that were present in 
company with Ingram, Crawford, and Fergusson 
the time they passed through the Galston, that the 
defender was not with them at that time, and 
albeit the defender s house be not at that distance 
from the Galston, that it was impossible in 
nature he could be there, yet he condescends so 
pregnantly, that it is equivalent to a physical 
impossibility that he could be there, seeing it is 
positively offered to be proven, that he was at 
home at his own house all that day entirely, by 
persons that were present with him in company 
all the whole day, and the persons who were 
present with Ingram, arid the rest mentioned in 
the first indictment, all the time they passed the 
Galston, and the defender was not with them, 
which is so circumstantiate an alibi, that it is 
beyond all question relevant to elide the libel. 
And as to Gomez and other lawyers cited, that 
seem to be of the contrary opinion, it is evident, 
that there they do not state the case of alibi, but 
only if the libel without condescending on the 
day be relevant, as to which it is not controvert 
ed. But these and all other lawyers upon that 
subject are clear of the opinion, that when the 
defender requires the pursuer to condescend upon 
the precise day, that it ought to be condescended 
upon, that the defender be not precluded of his 
just defence of alibi. 

Imo. Whereas it is alleged, that the defender 
falls under the exception of theact of indemnity, 
both as a contriver and contribute! 1 to the rebel 
lion, it is answered, l?//o. That the defender 
cannot be repute a contriver, neither can those 
words and expressions contained in the indict 
ment import a contrivance, being only, as is ac 
knowledged by the indictment, spoken al a tran 
sient meeting on the highway, and it is not to 
be imagined that any man of common sense or 
reason would go and contrive a rebellion with 
any persons he met on the highway. 2<lo. Con 
trivance must necessarily be understood of con 
sulting and advising things, that are previous to 
the rebellion, and which might give a rise there 
to, and not by a transient discourse, and that 
contrivance should be so largely extended, as to 
comprehend all expressions that looked like trea 
son ; the exception would be as general as the 
rule, and upon that ground the former part of 
the act of indemnity would be altogether eva 
cuate. 3tio. As these expressions cannot infer a 
contrivance, far less a contributing by levying of 
men, which can only be understood "in the pro 
per terms of assembling men together to carry 
on the rebellion, which cannot be in the least 
pretended in this case ; and the defender was so 
far from countenancing anything that had the 
least tendency to rebellion, that he did upon all 
occasions testify his abhorrence of all rebellious 
courses, and gave a signal instance of it in April 
1679, about a month before the rebellion ; in so 
far as there being one of his majesty s soldiers 
killed by some of the rebels, and another wound 
ed upon the confines of the shire, immediately 
the noblemen and gentlemen of the shire met, 
and wrote a letter to the lord chancellor, which 
was drawn by the defender, and subscribed by 
him and a great part of the gentlemen of the 
shire, by which they acquainted his lordship 

were called and sworn, no objection being 
made. Their names are, Sir Robert DalzieJ 
of Glenea, John Boyle of Kelburn, 

with the murder of one of the soldiers in the 
night, and the wounding the other ; as also of 
some armed field-conventicles of a considerable 
number of the commons occasioned by unsound, 
turbulent, and hot-headed preachers, making it 
their work to draw the people to schism and se 
paration from the pure ordinances and instil in 
them the seed of rebellion; and out of their sense 
of their duty to authority, the good of religion, 
the peace and quiet of the kingdom, did think it 
fit to signify to the lord chancellor, their detes 
tation and abhorrence of such horrid practices, 
and that they should endeavour not to be want 
ing in their capacities and station, what was 
becoming good Christians and loyal subjects. 
Which was a most loyal letter, and a clear de 
monstration that the defender is of most loyal 
principles, and was so far from being a contri 
ver of the rebellion, or having any access there 
to, that upon the first appearance of any insur 
rection, he did give timeous advertisement to 
the lord chancellor, that effectual course might 
be taken for preventing thereof, and for crush 
ing the cockatrice in the egg; so that it is not to 
be imagined that a* man of these principles, and 
who did write such a letter, could be guilty of 
any expressions that had the least tendency to 
rebellion. And as a further evidence of his de 
testation and abhorrence of the rebellion, it is 
offered to be proven, that whenever he was in 
formed that any of his servants went to conven 
ticles, immediately he paid them their fees, and 
dismissed them out of his service, and would 
not retain any who haunted conventicles; and 
when he got notice of any of his people that ab 
stained from public ordinances, he did always ac 
quaint the sheriff- depute of the shire, and caused 
fine and punish them according to law, and did 
never suffer any of the rebels to come to his house, 
nor got they any of his horses, servants, or arms 
to assist. But immediately when he heard of 
any of the rebels being near his house, he left 
his house and came to Edinburgh to join with 
his majesty s forces, which was all a prudent 
and loyal man could do at that time. As also, 
it is positively offered to be proven, that he dis 
suaded all his tenants to join in the rebellion, 
arid informed them to take the bond ; and there 
fore he ought to have the benefit of his majesty s 
gracious act of indemnity. And if such as have 
been at field- conventicles, or illegal administra 
tors of the sacraments, and had maintained po 
sitions, that it was lawful to rise in arms for re 
formation of religion, condemned by the second 
act of the second session of his majesty s first 
parliament, and the preachers at all these con 
venticles, if such as these should have the bene 
fit of his majesty s indemnity, as certainly they 
have, much more the defender, who has given 
such signal testimonies of his loyalty. Seeing it 
is clear, that his majesty s design is, that the 
said act of indemnity should be extended in the 
utmost latitude, which is agreeable to the com 
mon law, L. 3. Dig. de constitutione. Principio 
benificium imperatoris, quod a divina sciz. ejus 
indulgentia proficiscitur, guam plenissime interpre- 
tari debemHS. And if the exception of theact 
of indemnity should be otherwise understood, 
there were hardly a gentleman in the west of 




Bannantyne of Kellie, Sir Patrick Maxwell 
of Sprino-kell, John Veitch of Dawick, James 
Nasmith of Posso, John Skeiie of Halyards, 

Scotland, but he might be brought under the 
acts of parliament against treason ; and the act 
of indemnity which his majesty designed for 
removing of all fears and jealousies, and the 
quieting the minds of his good subjects, should 
be rendered altogether elusory and ineffectual. 

Mr William Fletcher for the pannel further 
adds, and conjoins, that the defences stand most 
relevant, notwithstanding of the replies: for, 
IMO. Whereas it was pretended, that the con 
versing and intercommuning with Daniel 
Crawford and the other rebels, was flagrant 
rebellion, and before any course could be taken 
to declare or denounce them. It is answered, 
Imo. that the pretended converse, being only a 
casual rencounter on the high-way, it could not 
subject the pannel to any crime, but especially 
the highest crime of treason ; and there is no 
man in the world so innocent arid loyal, who 
might not have fallen in the same accident, 
considering the number of the rebels that were 
swarming in the country. 2do. Any such con 
verse and intercommuning being antecedent to 
the act of indemnity, the pannel is thereby 
secured, in respect that converse and intercom 
muning is none of the cases excepted in this 
indemnity, and exceptio firmat regulam in non 

2do. Whereas it is replied, that the pretended 
words do import a counsel cum instructione, in 
regard they contain motives and reasons for 
returning to the rebellion, viz. that they should 
not want officers and help. It is answered, that 
law, in this case of counsel, requires more than 
reasons and arguments to persuade, viz. direc 
tions how to compass the crime, as in crimine 
furti, and what place and house may be most 
easily broke, arid what instruments are most lit, 
which species of instructions are expressly cited 
in the forecited paragraph of the institutions. 

3tio. Whereas it is replied, that the counsel 
takes the nature of the crime which is coun 
selled ; it is acknowledged that this holds true 
in the general, but still it must be such counsel 
as is instructed, and in this case it was im 
possible that the pannel might have instructed 
the rebels, both with proper ways how to manage 
the rebellion, and likewise with arms and 

4fo. W T hereas it is pretended, that the indem 
nity is not simple, but contains exceptions, and 
that albeit treasonable expressions be indemni 
fied in the general, yet the indemnity cannot be 
extended to such treasonable speeches as import 
a counsel to rebellion, that being a proper 
accession to the crime by which the pannel be 
comes art and part thereof. It is answered, 
Imo. That verba legis prtesertim fav orabilis, non 
sunt cavillanda , and it is impossible, without 
offering manifest violence to the propriety of 
words, that the expressions libelled should not 
be comprehended under the general of traitorous 
speeches; and albeit treasonable expressions 
may be distinguished into two sorts, viz. Imo. 
These which do only import a slander and re 
proach of his majesty and his government. And 
2Uo. these which carry in them a counsel, 
mandate or command, to commit the crime of 
treason ; yet it would be a very bad rule in 

George Drummond merchant, Sir 
James Fleming- of Rath oby res, Sir 
John Dalmahoy of that ilk, Andrew Frazer 

dialectic, to say that these words are not trai 
torous speeches, because they are not of the first 
kind of treasonable speeches. 2do. If it be the 
sense and opinion of all persons, who hear these 
words repeated in this libel, that the same are 
traitorous speeches, then that genus of treason 
able speeches must necessarily comprehend the 
same : but so it is, that the pannel doth appeal 
to the lords of justiciary, and all who hear the 
libel read, if that was not the notion which they 
had of these words, that the same are traitorous 
speeches. And albeit his majesty s advocate 
and these who concur with him, may subtilize 
upon the nicety of words, and reduce them to 
another class than these which are contained in 
the indemnity, yet words are to be understood 
ex populari, quern penes arbitrhim est, et jus el 
norma loquendi, or otherwise words should 
become captions and shares, and the people for 
whose satisfaction the proclamation of the in 
demnity was made, should not be capable to 
understand the same ; and it is not urns artis, 
but usus popularis, which must be the rule in 
this case. 3tio. According to all the rules of 
interpretation, in things which of their own 
nature are not odious, the words are to be taken 
according to all the propriety of popular use, 
v. g. an indefinite speech should be taken for 
one that is universal, and the indemnity is not 
only a matter not odious, but most favourable, 
and" therefore a proprietate verhorum non est 
recedendum. It is a strange nicety and 
catching of words, to pretend, that words 
libelled should be pardoned, in so far as they 
are traitorous speeches, and should not be par 
doned in so far as they are a counsel to rebellion ; 
for this were indeed to rleave an hair, and it is 
no ways suitable to that free and native liberty 
which is inherent in such acts, to run to meta 
physical niceties. 

5/o. Whereas it is pretended, that the pannel 
falls under the exceptions of the act of indemni 
ty in so far as an heritor, and that it is clearly 
imported by the words libelled, that he has 
contrived the rebellion, and contributed thereto, 
by sending out men to the same, and that the 
accession arising from counsel, imports as much 
against the pannel, as if he had been actually in 
the rebellion. It is answered, Imo. That the 
act of indemnity is opponed, which excepts only 
heritors in three cases distinctly expressed in 
the act, viz. Imo. Actual rebellion, arising from 
these words, heritors who were in the rebellion. 
2do. Contriving. 3tio. Contributing by levies; 
and that counsel and intercommuning is not 
under any of these three heads, for the extent 
of the rule cannot be better cleared and deter 
mined, than by the nature of the expression ; 
and where laws have exceptions, nothing does 
so much illustrate and confirm the rule, as ap 
pears from Novel. 7. cap. 2. in initio, where these 
words are to be found, necessarium existimammus 
quasdam exceptiones dare legi, cum multis vigiliis 
et subtilitate adinventas, ut eas habeas in auxilio, 
lex nequaquam moteatur ; and the exception in 
some case doth enlarge the rule, and does fully 
clear the same, and makes it extend to cases 
which otherwise would not be understood to be 
comprehended, as appears from Lex. 12. Parag. 




1684. of Kilmundie, Alexander Nisbet of 
Craigentinny, James Somenvell of 
Drum, James Boyd merchant in Edinburgh, 
James Loch of Drylaw. For probation the 
advocate produceth Thomas Ingram and 
David Crawford. "Sir Patrick Hume ob 
jected for the panriel, that they could not be 
admitted " because prodidemnt testimonitim, 
and revealed what they would say to his ma 
jesty s advocate and others ; and also, that his 
majesty s advocate had taken their oath pre 
vious to any warrant from his majesty s 
privy council, which is contrary to his ma 
jesty s letter, that being only recommended 
to the lords commissioners of justiciary, by 
an express warrant from the lords of coun 
cil; and it is a certain rule in law, that tes- 
tis revelans testimonium suum partibus, a 
tcstimonio repellitur, and the reason given 
by lawyers is, ne ex illius dicto alii testes 
subornentur. Mascard. de prob. ooncl. 359. 
No. 40. 2do. Because in proving the pre 
tended crime, they acknowledged themselves 
guilty of the crime whereof the pannel is 
accused, as is clear from the common law, 
Cod. de accus. et inscript. Stio. Because 
it is offered to be proven, that Ingram did 
prompt and solicit others to depone in this 
cause, and so has given partial counsel. 4to. 
Et separating because they bear hatred and 
malice to the defender ; and it is positively 
offered to be proven, that since the rebel- 

43. where the case being stated, if when domus 
instructa, legala an contineatur restis. The law 
yer doth resolve, that it is doubtful in the gen 
eral ; but if there be an exception added of au- 
rum or argentum, that the domus instrucla must 
necessarily comprehend reslis, nam <jui hcec ex- 
cepitf non potest non videri de cceteris rebus, quce 
tnea essent, sensisse. 2do. The words contrivance 
and plotting are synonymous words, and are ex 
pressed in the Latin by ordinatio et tractatus, and 
according to thecommon acceptation ot the words, 
these only are understood to have contrived and 

} dotted a rebellion, who have taken measures, and 
aid down ways how to carry on and maintain 
the same, they keeping correspondence in order 
to that end, drawing what number could be en 
gaged, how they should be provided with arms 
and the like, which can noways be inferred, as 
is pretended, from words spoke on an high-way 
in a passing discourse. Likeas, plots, and con 
trivances of rebellion are of their own nature se 
cret and latent actions, which are done clam et 
occulto ; and no rational man will presume that 
the pannel, who is known to be a man most cir 
cumspect in his words and carriage, could have 
fallen into that madness, as to have contrived a 
rebellion with ignorant, silly, and mean persons 
(some whereof he did not know) in an open 

lion he promised to meet the defender with 
an evil turn if it lay in his power by any 
manner of way out of hell ; and it is clear by 
our law, statut, 2. Rob. I. chap. 34. against 
those that are excluded from bearing wit 
ness, that nee socii y nee participes ejusdem 
criminis, ncc aliquis hostis sen malevolus 
parti, nee incarcerate, nee vinculati, can be 
admitted witnesses." 

His majesty s advocate oppones to the 
first, the constant practice of his predeces 
sors, whereby they have been always in 
custom to examine witnesses upon oath be 
fore intenting of the libel, which a judge or 
privy counsellor of the nation may do both 
in Scotland and England, and his majesty s 
letter was only necessary after intenting of 
a libel, for a warrant to the judges who were 
not formerly in use to examine, though they 
might always have done it. To the second 
his majesty s advocate oppones the constant 
and uncontroverted custom, nor could the 
crime of rebellion, or any other privileged 
crime be otherwise proven, for who can de 
pone but they who are conscii, and all con- 
scii are socii criminis. As to the third, his 
majesty s advocate alleges the same is not 
relevant, except the malice could be quali 
fied to raise an inimicitia capitalis, which 
can only repel a witness, especially in the 
privileged crime of treason, whereof the de 
tection is of such importance, that many 
specialities, as to witnesses in other crimes, 

high-way : and it is hoped the lords of justici 
ary will in this case consider the person of the 
pannel ; and seeing the words do not amount to 
a contrivance, or plotting a rebellion, rapienda 
cst occasio guce prcebet benignius respoitsum ; and 
albeit in a lax and improper signification, these 
words might import a contrivance, yet the pan 
nel doubts not but the lords will have regard to 
the proper signification of the words, seei?ig 
otherwise it is impossible to interpret the indem 
nity with that latitude which his majesty hath 
expressly required. 

Whereas it is pretended, that these words do 
import a contributing to the rebellion, by levy 
ing of men or money ; it is answered, that le 
vying of men and money is a physical act, and 
not a moral persuasion; and no man will ima 
gine that levying of men and money, can consist 
in words, but the same doth necessarily import 
deeds of drawing men together, and taking of 
their names in order to the forming them into 
an army ; if words were levying of men or mo 
ney, an army would be very easily supplied. 

As to the former defence against the second 
libel, viz. that it wants month and year, and 
there is not the least answer made, and there 
fore there cannot be least use made thereof. 




are relaxed in this, and therefore the pro 
mising- of an evil turn is not relevant, nor 
the quality, though they should go to hell for 
it, which is a rash, foolish, and inconsider 
ate expression, but they may condescend 
upon the ground upon which that inimicitia 
capitalis arose, and which may very much 
determine the extent of it. 

2do. Adhering; to the former objection, it 
is added separatim, that the witnesses were 
suborned in so far as they were prompt, so 
licit, and instigate to depone in this cause 
against the defender: as also, that they 
solicited other persons to be likewise wit 
nesses against the defender which the law 
yers clearly make a sufficient subornation 
to cast them from being witnesses, especial 
ly when they are to depone upon premedi 
tate and formal words, and after so long a 
time, as is clear from Mascard. con. 341. and 
particularly, that he instigated Adam Miller 
to be a witness against the defender. His 
majesty s advocate answers, Imo. that tam 
pering and soliciting non-relevant, unless it 
take effect, and the witnesses succumb to 
the temptation. Zdo. It is not relevant, ex 
cept the money or good deed were conde 
scended upon, that it may be known if it be 
a sufficient temptation, and upon what ac 
count it was given. 3tio. The suborna 
tion or corruption must be by the pursuer, 
or some having warrant from him, for else 
even the friends of the pannel may take 
pains and corrupt, and a witness being de 
sirous to come off may comply with it, all 
which should much hold in witnesses called 
for the king, which are presumed to be from 
calumny, and where no advantage can arise 
to any private party. As to the speaking 
to Adam Miller, * Can thou not say, or knows 
thou not that Cesnock spake such words. 
It is answered, It is lawful for contestes to 
ask at one another. Sir George Lockhart 
answered, that the objection anent corrupt 
ing the witnesses is not relevant, unless the 
quantity of the money were condescended 
on, and that it were expressly alleged that 
money were given upon the account of de 
poning against the pannel in the terms li 
belled, otherwise the simple giving of money 
is not relevant. 2do. The time must also 
be condescended upon, whether it was be 
fore or after the citation as a witness, or at 

least after the raising of the criminal 
letters, for if it was before, it is not re 
levant, unless it were positively offered to be 
proven, that it was given upon treaty and 
agreement, that the witnesses should depone 
in the terms libelled against the defender, and 
adheres to the former answer, that the pur 
suer nor none for him did use any attempts 
of corruption. Mr William Fletcher duplies, 
that subornation and corruption being latent 
acts which cannot be proven by any other 
probation than conjectures and indicia, all 
lawyers have sustained such probation 
which doth arise from violent suspicions, 
and it is sufficient for the defender to con 
descend in general that witnesses were sub 
orned, instructed, and solicited, and what 
money was given, or good deed promised, 
will arise from the probation ; and it is ab 
solutely impossible, that in any such case, 
the party who objects against the witness 
can be special as to the quantity of the 
money ; and it imports not, though the wit 
ness had been practised before the accusation, 
seeing it is positively offered to be proven, 
that they were suborned and corrupted in 
relation to the pannel, and that they might 
depone against him. 

This is what 1 find in the registers as to 
the lawyers debates upon the witnesses. By 
other papers I find that Sir Hugh was ask 
ed, if he had any thing to say as to Ingram 
in particular. He answered with the 
strongest asseverations, that he was most 
certain he had never seen him in the face, 
and as to other objections he left them to 
his lawyers. 

His advocate urged very forcibly, that 
Ingram could not be admitted, because he 
just now took upon him to prove, that the 
said Thomas had several times said, that if 
there was a way out of hell how to be 
avenged upon the pannel for delating him 
as a murderer, he would be revenged, and 
straight offered witnesses to prove, that in 
many companies, he (the witness) had most 
seriously expressed himself in these words; 
and urged, that Ingram could not be admit 
ted to Cesnock s prejudice, and cited many 
famous lawyers to prove this. The king s 
advocate replied, that giving, but not grant 
ing, that the said Ingram had thus express 
ed himself in a passion, it could not ration- 




1 684 a ^ k thought, that now in cold blood 
* he would so desperately and wilfully 
damn his own soul by perjury, to take away 
the life of an innocent gentleman, especially 
considering 1 he could propose no other re 
ward to himself than damnation. He added 
further, to make it evident to the world, that 
the witnesses have no design to swear falsely, 
I am free to declare, that when they were 
brought in to me, I examined if they could 
say any thing anent the late rebellion, and 
Cesnock s accession thereunto. They an 
swered, they could say nothing ; but when 
once I had made them swear as to what 
I should interrogate them, they deponed in 
the same express words contained in the 
indictment, which, added he, clearly evin- 
ceth that they had, and yet have the im 
pression upon their consciences of that 
dreadful majesty of God, who is judge to 
this and all their actions: and the advocate 
goes on, had this man come in voluntarily 
and offered to depone against Cesnock, it 
would have said much ; but seeing he was 
brought in by force, and without his own 
inclination, the objection made against him 
can be of no force. This discourse was 
abundantly well calculate, for keeping In 
gram firm to the deposition he had emit 
ted in the precognition, which was all the 
advocate wanted. Cesnock s advocate was 
in no difficulty to answer all the advocate 
advanced. It was the easiest thing in the 
world to put matters in this channel to serve 
a turn ; and people of no conscience, or un 
der the power of revenge, have no great 
impressions of damnation, or of God and 
his awful majesty : and if any who adduced 
these considerations were privy to any con 
cert and collusion in this matter, they have 
had as little impression of those tremendous 
truths. But further, the advocate for the 
defender offered to prove that this witness 
was suborned to swear against Cesnock, 
and had got largely both of money and vic 
tual for his reward, and had not only sold 
himself to this abominable perjury, but had 
enticed and induced others to the same 
course. Upon this allegation the justice- 
general desired, that particulars might be 
condescended upon. And Sir Hugh de 
clared, that he was well informed, and would 
instantly prove it, that this fellow (Ingram) 

was hired by Hugh Wallace, sometime fac 
tor to the deceased lord Craigie. When thi? 
condescension was made, the court could not 
but admit Cesnock s witnesses for the proof 
of what was advanced. Accordingly, two 
witnesses were adduced who deponed that 
Thomas Ingram had sworn in their hearing 
and presence a great oath, that he would be 
avenged upon Cesuock if there was a way 
out of hell to do it. Great pains was taken 
j to cross-question the witnesses, and the in 
terrogatories were put to them severally in 
the others absence, yet they exactly agreed 
in every word as to this matter : but then in 
another query, viz. When spake you of this 
matter together? the one answered, he 
does not remember that ever they spake of 
it together, unless it was yesternight; and 
the other declared, he did not remember 
they communed at all upon it. This incon 
siderable variation not affecting the matter 
of the cause, was handle enough to such 
who were seeking an occasion to cast 
every thing proposed in Cesnock s defence. 
Next, two other witnesses were adduced, 
viz. Ingram s father and mother, who 
deponed they had seen Wallace give to 
Ingram several pieces of money, but of 
I what value they could not tell; whereupon 
j Ingram himself was interrogate, and de- 
I clared he had got from Wallace half a 
I crown at one time, and ten shillings at 
; another, but he knew not upon what 
| design. The king s advocate said, it might 
be Wallace had given Ingram that money 
for some services he had employed him in, 
and that he himself used to employ the 
! said Wallace as being a sharp man, and 
very active for his majesty s interest. 

After the lords had heard these debates 

upon the witnesses, they reasoned at a 

considerable length upon them before they 

, came to an interlocutor. That eminent 

lawyer, my lord Pitmedden, debated much 

whether witnesses could be examined upon 
oath in a precognition, and brought such 
arguments against this as could not be 
answered, save by the king s letter allow 
ing it, impetrate Avith an eye to this and 
such like processes. My lord himself was 
J pleased to inform me, " that he moved to 
the lords, at least that this might be done ; 
since by the king s letter the witnesses 




oaths had been taken, that before they were 
readmitted to swear in the same affair, 
their former depositions might be torn. 
But this, for as highly reasonable as it 
must appear, was peremptorily refused. 
However, added he, the witnesses in pre 
sence of the assize, deponed in favours of 
the pannel contrary to the tenor of their 
first depositions, which they were said to 
have given in the first precognition." At 
length the lords came to this interlocutor. 
" The lords having considered the objections 
against the witnesses, and the debate there- 
anent, they, in respect of the answers, 
repel the objection &nent proditio testimonii, 
and repel the second defence as to socii 
criimnis" And the lords having considered 
the other objections, and heard the witnesses 
adduced by the pannel for proving the 
same, ordain Thomas Ingram and the rest 
of the witnesses adduced by his majesty s 
advocate, to be received. 

When Ingram was brought in, and hold 
ing up his hand to swear, Sir Hugh directed 
himself to him, and said, " take heed now 
what you are about to do, and damn not 
your own soul by perjury, for as I shall 
answer to God, and upon the peril of mine 
own soul, I am here ready to declare 
I never saw you in the face before this 
process, nor spake to you." Then Ingram 
was solemnly sworn, and interrogate upon 
the whole articles of the libel. Several 
things fell in this witness his examination, 
which we cannot expect to meet with in 
the registers. And therefore I shall give 
the deposition of both the witnesses as 
they are recorded, and then a larger account 
of the circumstances from good vouchers 
before me. 

" Thomas Ingram in Borlands, aged 
thirty-two years, depones, that having 
met the laird of Cesnock, at Daniel Craw 
ford s house in Galston, in the time libelled, 
he heard Cesnock ask from whence they 
came, and Daniel answered, from the west- 
land party ; and that he asked, who com 
manded them, Crawford said, one Hamilton. 
And the deponent being interrogate upon 
the rest of the libel, depones he knows 
nothing of it. And this is the truth, as he 
shall answer ; and cannot write." 

Daniel Crawford depones nega 
tively to the whole libel. And 
this is the truth, &c. 


"The assize, with one voice, finds the 
libel not proven." 


Thus the process stands in the records, 
and more we could not look for. But it is 
worth the reader s while to have the detail 
of the circumstances of this remarkable 
examination from the papers above-men 
tioned. And they inform me, that Ingram 
deponed, that being in the house of 
Crawford, Cesnock came to the door, and 
having called upon the said Crawford, he 
asked, what men those were who were in 
his house; Crawford answered, they were 
men lately come from the west-land army. 
Then Cesnock asked, who commands there. 
Crawford answered, one Robert Hamilton. 
As Ingram was going on in his deposition, 
one of Cesnock s lawyers asked him, 
whether he had communicated this to any 
others, to seduce them thus to depone, and 
told him, he was now under a deep oath, 
and nothing less than his soul at stake. 
Ingram answered, I believe I have spoken 
of it to severals. Then the justice-general 
asked, if Cesnock spake any other words to 
Crawford ; Ingram answered, my lord, I am 
now upon my great oath, and I declare I 
do not remember he spake any more at all. 
Upon this there was a great shout, and 
clapping of hands in the court ; at which 
the king s advocate said in a great passion, 
that he believed that Cesnock had hired his 
friends to make this acclamation, in order 
to confound the king s evidence, and he 
never heard of such a protestant roar, ex 
cept in the trial of Shaftsbury; that he had 
always a kindness for that persuasion till 
now; that he was convinced in his con 
science, it hugs the most damnable trinket 
in nature. After silence, the justice-gener 
al interrogates Ingram again ; who answer 
ed, he had said as much as he could say 
upon oath. And the justice-general offer 
ing a third time to interrogate Ingram, 
Nishet of Craigentinny, one of the assizers, 



FOSe U P an< Sa "^ ^ o 
general, I have been an assizer in this 

court above twenty times, and never heard 
a witness interrogate upon the same thing 
more than twice ; and let Cesnock s persua 
sion be what it will, we who are assizers and 
are to cognosce upon the probation upon the 
peril of our souls, will take notice only to 
Ingram s first deposition,thoughyour lordship 
should interrogate him twenty times." The 
justice-general answered him with warmth, 
Sir, you are not judges in this case. The 
laird of Drum, another of the assizers, pre 
sently replied, Yes, my lord, we are only 
competent judges as to the probation, though 
not of its relevancy. Whereupon the whole 
assizers rose up and assented to what those 
said. The justice-general in a great heat 
said, " I never saw such an uproar in this 
court, nor, I believe, any of my predecessors 
before me, and it is not us you contemn, 
but his majesty s authority.* 

Silence being commanded, CraAvford the 
other witness was called in, who being 
deeply sworn, and no objection being made 
against him, he deponed negative, " that he 
did not see Cesnock for a considerable time 
either before or after Both well-bridge ; that 
he does not remember that Cesnock spake 
any thing to him, either about the west-land 
army, or who commanded them." Where 
upon there was another great cry made, 
and clapping of hands, which put the justice- 
general and advocate into a great rage, as 
what they reckoned an irreverent insulting 
of the court. Then Cesnock s advocates 
craved the probation might be remitted to 

* The first witness that was examined at his 
trial, began with a general story : and when he 
came to that in which the prisoner was concern 
ed, Campbell charged him to look him full in the 
face, and to consider well what he was to say of 
him, for he took God to witness, he never saw 
his face before, as far as he could remember. 
Upon that the witness was struck, and stopped, 
and said he could say nothing of him. The earl 
of Perth was then justice general, and offered to 
lead him into his stoVy. But the jury stopped that, 
and said that he upon his oath, had declared 
that he knew nothing of the prisoner, and that 
after that, they could have no regard to any thing 
lie might say. Upon which some sharp words 
ensued between lord Perth and them, in which 
he showed how ready he was to sacrifice justice 
and innocent blood to his ambition ; and that 
was yet grosser in this case, because his brother 
was promised this gentleman s estate, when it 
should be confiscated. Burnet, vol. i. 322. 

the knowledge of the assize, which could 
not be refused. And after a short speech 
made to them by Cesnock s lawyers, they 
inclosed themselves, and very soon return 
ed their verdict, not guilty. Upon which 
Cesnock took instruments, and his advocate 
craved he might be liberate, in respect no 
thing was proven against him. The justice- 
general answered, that seeing he was the 
king s prisoner, they must have his majes 
ty s mind before he be liberate. Cesnock 
replied, that he was content, for he was 
abundantly certain, the guilt charged upon 
him could never be proven. The court sat 
late, or rather early, it being about two of 
the clock on Friday morning before they 
rose, and Cesnock was returned to prison. 

It is very evident upon the whole, there 
was a design formed to bring this worthy 
gentleman under a sentence of death, and 
at least to take his estate from him, though 
there were few gentlemen less obnoxious 
to the laws than he. We see that now no 
methods were boggled at, though never so 
vile, to accomplish wicked designs. Sub 
orning of witnesses is very palpable in thin 
case; who were guilty is not my province 
to determine : and the king must be drawn 
into this affair, by procuring a letter, which 
we have seen above, ordering precognitions 
to be taken upon oath by the justiciary; 
and yet we find in this case they 
were taken by the advocate alone. It 
may be proper further to remark, in order 
to the reader s having some idea of this 
government, that the justice court, which 
ought to be most just and fair, and give all 
allowances in cases relating to men s lives 
that law and equity suggest, were in this 
case evidently partial in refusing the rele 
vant exculpation of alibi, at the time libel 
led, in casting Cesnock s witnesses for excul 
pation, and repelling the most relevant de 
fence propounded upon a trilling circum 
stance; and in their unaccountable carriage 
to Ingram when upon oath, and their open 
endeavours to push him into perjury, so 
plain, as the assizers, none of them presby- 
terians nor favourers of the sufferers, could 
not bear them ; and in their hectoring and 
abusing these gentlemen, for acting as con 
scientious persons would do. And if those 
were their methods with gentlemen and be- 




fore lawyers, we may easily guess, how little ; charge, though that was the alleged 
justice or equity poorsimple country people, cause of his imprisonment, 
who could not bell the cat with them, had to | I return now to the rest of his fellow- 
look for. And what sad work would we meet prisoners, as far as I have materials. April 
with,if we had full accounts of their procedure j 1st, I find a petition presented from the earl 
from one who knew forms and law, and ! of Loudon, who was delated Avith the pri- 

had been a witness to their procedure ! 

I cannot pass this process without re 
marking, that several of the assizers, and 
other gentlemen in the house, were brought 
to no small trouble for the noise in the 
court, at Ingram s declaring he could say 
no more, which the advocate was pleased to 
call a protestant roar. And indeed so he 
might, for it was an evidence of the satis 
faction of the spectators, at the misgiving 
of the design of the managers now giving 
into a popish successor, and tyrannical and 
arbitrary measures. Severals were brought 
before the council, and by them remitted to 
crave pardon of the justiciary. I give it as 
it stands in the criminal books, April 24th. 
" Appeared Sir Patrick Maxwell of Spring- 
kell, Alexander JSisbet of Craigentinny* 
James Lindsay of Drumbuig, being pursued 
before the council, for making a noise in 
the time of Cesnock s trial when the wit 
nesses were examined, arid were ordained 
to appear before this court, and make ac 
knowledgment and apology therefore, which 
this day they did." 

We shall just now hear, that April 17th } 
Cesnock was allowed free prison, And 
June 1 9th, I find by the registers that the 
witnesses against Cesnock are still in pri 
son, but that day the council allow them 
free prison; and, for any thing I know, 
they continued a considerable time in 
prison: for, September 16th, the council or 
dain Ingram and Crawford, witnesses against 
Cesnock, to be examined by the committee 
for public affairs. The day before, Septem 
ber 15th, they send Cesnock and Mr John 
Rae to the Bass. October 1 3th, I find the 
council order the witnesses against Cesnock 
to be continued still in prison, and they are 
allowed sixpence a day. What they ex 
pected from these witnesses, or for what 
ends they were so long detained, I cannot 
say : only we shall find that Cesnock was 
afterward forfeited, and his estate given to 
Melford. In all this matter this gentleman 

soners formerly named, bearing, " that he 
being cited to compear before the lords of 
the justiciary the eighth of April instant, to 
answer for alleged crimes contained in his 
dittay, but being forth of the kingdom at 
the time of the dittay, and yet is, and in a 
very sickly and distressed condition, crav 
ing that his diet may be deserted, or a 
competent time, wherein he may appear, 
granted as they think fit." And April 8th, 
George lord Melvill petitions much in the 
same strain. The deliverance of the coun 
cil as to both, is, " the lords Loudon and 
Melvill being forth of the kingdom, upon 
their petition it is recommended to the lords 
of justiciary to prorogate the day, that they 
may be in case to find caution or appear." 
That same day I find from the justiciary re 
cords, April 8th, criminal letters against 
James earl of Loudon, George lord Melvill, 
Sir John Cochran of Ochiltree, and John 
Cochran of Waterside his son, were read, as 
duly executed. I observe very little in 
them as to the English plot, and when that 
failed, our managers trump up processes, 
near five years after the pretended facts 
upon the head of Bothwell. The criminal 
letters are too long to be insert. In 
short, they allege that the earl of Loudon 
met with some disaffected gentlemen and 
preachers at Temple-holm near Galston 
in June 1679, and treated anent the said 
rebellion, and afterward corresponded with 
rebels. As to the lord Melvill, it is alleged, 
that though he was with his majesty s 
army, June 1679, yet he sent John Miller 
of Waterhaugh from his majesty s camp, to 
Mr John Welsh, and other ringleaders of 
the rebels, with letters, commissions, or 
verbal orders, giving an account of the 
strength of his majesty s army, and their 
numbers, and received returns from them 
who were concerned in the rebellion. That 
Sir John Cochran conversed with Mr 
William Gilchrist preacher, who was in 
the rebellion, heard him preach after Both- 

hath nothing relative to the plot laid to his well, with Mr Robert Miller, at Ochiltree, 




that he carried the said Gilchrist to 

England with him, that he harboured 
and reset Mr James Brown, a notorious re 
bel, actually in the said rebellion. And John 
Cochran of Waterside is charged, that he did 
associate himself on the day of June, 1679, 
to the laird of Barscobe with a party of rebels 
of five or six hundred, mounted his horse, 
and rode with them, and supplied them 
with wine and other provisions. This is 
the substance of the criminal letters. 

The lords being informed that the earl 
of Loudon is sick and out of the country, 
and the Lord Melvill likewise abroad, and 
having a recommendation in their favours, 
continue the process till November. And 
November 10th, I find by their books, the 
earl of Loudon and lord Melvill indicted 
for contriving the death of his majesty, 
and his royal brother, and for a design to 
subvert the government ; as likewise their 
accession to the rebellion 1679, and harbour 
and reset of rebels: and being this day 
called, and not compearing, the lords decern 
and adjudge them the king s rebels and 
fugitives, and to be put to the horn. And 
the lords continue the process of forfeiture 
against them till March 17th next to come. 
And in their diet April 8th, Sir John 
Cochran and his son are ordered to be 
denounced fugitives. And yet next day 
they have their process before them. 
April 9th, the lords of justiciary continue 
the process of forfeiture against Sir John 
Cochran of Ochiltree till the second 
Monday of July next. But I have observed 
no more about him in the registers this 
year, and go forward to his son. 

" Anent the criminal letters, against 
John Cochran of Waterside, the lords 
sustain that part of the indictment relevant, 
that he was with the rebels at Cumnock at 
a rendezvous when they were in arms, to 
infer the pains of treason, and remit it to 
an assize." The assize are, the earls of 
Dunfermline, Linlithgow, Tarras, lord 
Duffus, Sinclair, Blantyre, and some gen 
tlemen. And the assize protest for the 
preservation of their privileges as peers, 
which is admitted. The witnesses are 
adduced ; and one depones he saw Water 
side with the rebels at Cumnock, at the 
Bar-hill when rendezvousing, but was at 

some distance, and did not hear him speak 
ing with Earlston and Barscobe. Another 
depones, that he saw Waterside walking 
among the rebels, as he thought, with a 
small sword. Another depones, that 
Waterside spake for him to the rebels, and 
got him leave to go home, that he might 
return again to them. The assize find him 
guilty of the crime of treason, and the lords 
ordain him to be executed to death, and 
demeaned as a traitor, when apprehended. 

To return again to the gentlemen sent 
down prisoners from England, I find, April 
8th," the lords of his majesty s privy council 
having considered a representation by his 
majesty s advocate, that in August last, 
they had ordered him to pursue a process 
of treason against the earl of Loudon, and 
the others above-named, and that before 
his majesty s letter allowing warrant for 
examining witnesses previously ; desiring 
that warrant might now be granted to the 
justices for examining witnesses as to 
these forenamed persons. The lords grant 
order and warrant for previous examination 
of witnesses against the forementioned 
persons, or such of them against whom his 
majesty s advocate is ready to insist." 
What was found in this examination I know 
not, but it would seem nothing of conse 
quence appeared: for, April 17th, the 
council allow the lairds of Rowallan elder 
and younger, to be liberate, upon a bond 
of two thousand pounds sterling, to appear 
when called; and they permit Cesnock 
elder and younger, Brunsfield, Jerviswood, 
and Crawfordland, to have the liberty of 
free prison. Whether the two I am to 
name were again made close prisoners, 
I know not; but, September 13th, upon a 
petition from William Fairly of Brunsfield, 
and Crawfordland, that they have been 
fourteen months prisoners, and nothing- 
proven against them, craving liberty, the 
lords allow them the benefit of open prison. 
This is all I meet with concerning these 
gentlemen, except Mr Spence, Mr Carstairs, 
and Jerviswood, whom I come now to 
account for. 

I begin with the severe treatment of 
Mr William Spence. He had been secretary 
to the earl of Argyle, and had the testimony 
from him, when going to the scaffold, that 



he had been a faithful servant ; he was 
dealt the more harshly with upon the 
account of his master. By the council- 
registers, I find him in the irons, April 22d 
this year, and it is the first notice taken of 
him. If he hath been in the irons ever 
since his coming down from England, it 
was heavy enough treatment, and I see no 
ground to suppose otherwise, since that 
day " the council allow Mr William Spence 
to be taken out of the irons, but kept close 
prisoner." Upon the 24th of July, the 
council make an act for Mr Spence s being 
examined by torture, and agree upon 
queries to be put to him in the torture, 
which the reader hath, as to the substance, 
printed already with Jerviswood s case, 
and I shall not swell this work with them. 
He endured the torture with much patience, 
and made no discovery to the satisfaction 
of his examiners. But I cannot but insert 
here a most barbarous and unprecedented 
method taken with this good man, next 
day but one after he had endured the tor 
ture, and it is a full proof of the inhumanity 
of the managers, and a step every way 
peculiar to this period, not only cruel in its 
nature, but illegal, since all who write 
upon torture agree, that the enduring of it 
purges from suspicion of all crimes; and 
it is the last trial ought to be made in the 
most extraordinary cases, and consequently 
ought not to be repeated, far less changed 
to a more inhuman and barbarous kind. 
The best account I can give of this, is by 
inserting the council s act for watching 
Mr William Spence, next day save one 
after his torture. 

Edinburgh, July 2Qth. 
" The lords of his majesty s privy council, 
being certainly informed, and, by missives 
under the late earl of Argyle s hand, un 
derstanding, that there hath been a most 
treasonable correspondence kept by the 
means of Mr William Spence, now prisoner 
in the tolbooth of Edinburgh, between the 
said late earl of Argyle, and several traitors 
in England, anent the carrying on of a 
most unnatural rebellion in the kingdoms 
of Scotland and England, and thereby to 
bring the same into confusion, blood, and 
misery ; and the said Mr William Spence 

being yesterday tried in torture by the 
boots, and having appeared altogether 
obstinate and disingenuous, and refused to 
declare thereanent upon oath, (albeit it was 
declared by his majesty s advocate, in the 
name of the king and council, that what 
ever he should say or depone in the 
premises, should not militate against him 
self.) The said lords being resolved to use 
all methods necessary to bring the said 
Mr William Spence to a true and ingenuous 
confession, and for expiscating the truth 
in so important a matter, do recommend 
to general Dalziel forthwith to call for the 
said Mr William Spence from the magistrates 
of Edinburgh, (who are hereby ordered to 
deliver him to such a party as the general 
shall think fit) and to cause such of his 
majesty s forces, officers, and soldiers, as 
shall be found most trusty, to watch the 
said Mr William Spence by turns, and not 
to suffer him to sleep by night or by day ; 
and for that end, to use all effectual means 
for keeping him still awake, for the effect 
foresaid ; and ordain the persons so to be 
intrusted, to take peculiar notice in writ, 
of what the said Mr William Spence shall 
declare in the premises, to be reported by 
the general to the council or committee." 

Remarks upon this need not be made; 
they will endeavour first to distemper this 
good man, and then, if he shall fall into 
ravery and lose his judgment, they will 
write down what he says: and whether 
this be greater cruelty or folly, it goes be 
yond my power to determine. However, 
after all this barbarous treatment of Mr 
Spence, for many days and nights, they got 
nothing they could make any thing of. I 
can only add, that August 17th, the council 
make another, I may say a third, act, for his 
torture : it seems it was just to force him to 
petition, as I find he does, and promises to 
make a free and ingenuous confession of 
what he knows in this matter, (understand 
ing from his friends, that he was capable of 
discovering nothing but what the govern 
ment already had from other hands) upon 
security given him for his life, and that he 
should be no further tortured. This they 
grant. And, August 19th, Mr Spence upon 
oath makes a declaration, in substance pas- 



If 84. 

wna ^ relates to the earl of Ar- 
gyle s letters already printed, that he 
does truly believe there was an insurrection 
intended within those two years ; as to what 
is to come, he cannot tell what the people 
abroad may be doing- ; that he had often heard 
of designs and associations, but that they 
were directly intended to hinder the duke his 
succession to the crown, he cannot say ; for 
all that he understood was pretended for 
the ground of any designs of arms, was the 
defence of the protestant religion, and lib 
erties of the kingdom ; and if against the 
duke his succession, only in so far as that 
might be prejudicial to these; and that he 
thinks, upon the king s death, troubles may 
probably arise. * August 21st, After Mr 
Spence s declaration, the council, by their 
act, declare, * that they fully exoner him of 
all the premises, and declare, that none of 
the foresaid letters, nor his testimony, shall 
be adduced against, or prejudge any person 
delated by him, nor prejudge him any man 
ner of way; and thereto the lords interpone 
the public authority of the kingdom. 

PERTH, Cancel. 

No more offers from the registers, anent 
this worthy person ; but that after sach a 
complication of unaccountable sufferings, 
September 13th, the council remove Mr 
William Spence and Mr William Carstairs, 
to Dumbarton Castle, and allow them lib 
erty within the walls. The council ad 
journing till November, many of their mem 
bers being to go to the country, and to be 
at circuits, the committee for public affairs 
manages all in the interval. 

I come now forward to give some account 
of the sufferings, torture, and severe treat 
ment of that truly great and good man, the 
reverend Mr William Carstairs, this year. 
This extraordinary person is so well known 
through Britain, and, I may say, all the re 
formed churches, for his shining piety, his 
universal and polite learning, his candour and 
integrity, having the character of a truly 
honest man, from that great judge of men 
king William, and being in providence but 
lately removed to his Master s joy, leaving 
behind him a most savoury remembrance of 
his constant and indefatigable services for 
Christ, souls, and the good of the church of 
Scotland, that it is needless for me to say any 

thing of him, to those who are now on the 
stage; but I wish some fit hand would be so 
kind to posterity, as to give us a just account 
of this excellent person. The hardships he 
met with will be a lasting blot upon this pe 
riod. That I may give as large and yet 
succinct accounts of his sufferings this year 
as I can, I shall begin with a letter he was 
pleased to write to the Author of this His 
tory, a very little before his death, which he 
allowed him to publish, and I promise my 
self it will be very acceptable to man> 
readers; and then I shall give what I meet 
with anent him in the registers, and other 
certain documents. I begin with his letter to 
me, which was among the last ever he wrote. 


"You put me upon a business, which, 
though it be of that nature that I ought to 
do something in it, yet it is uneasy to me 
to think upon it; but I shall give you a 
very brief account of some of the chief par 
ticulars of it, in so far as I remember. 

" I was taken at Kenterden in Kent, the 
Monday immediately after the execution 
of that great and honourable patriot of his 
country, my lord Russel. The chief thing 
which exposed me to danger at that time, 
was the suspicion they had that I was Mr 
Fergusson. I was admitted to bail for 
some days ; but so soon as they had a re 
turn from court, 1 was committed prisoner 
to the common gaol of the place, no bail 
being allowed to me, though I was accused 
of nothing but of refusing the oaths, one of 
which had been then expired by law, viz. the 
Oxford oath. I continued there for a fort 
night, when I was sent for by an officer of 
the guards, to be brought up to London* 
which accordingly I was, and committed 
for two days to the hand of a messenger. 
During which time, Sir Andrew Forrester 
came to me in the name of king Charles II. 
offering me a pardon and all kindness, if I 
would tell what I knew in that matter. 
He told me, that the king did not at all be 
lieve that I would be concerned in any such 
practice as the assassination of his person, 
but because I might hear of it upon occa 
sions, he desired to know if I did ; and I 
gave Sir Andrew such answers as I thought 
were proper for me in the circumstances I 




was in. He very earnestly, yet very civilly 
besought me to make a discovery of thai 
plot, as to other things of it. Which shows 
the falsehood of what was positively assert 
ed in an account given in the name of the 
king and duke of York, as to that matter 
which is, that never any hopes of favour 
were offered to any to induce them to con 
fess. I was afterward called hefore a com 
mittee of the lords of the council, and nol 
giving them that satisfaction which they 
expected, I was sent close prisoner to the 
Gate-house : in which time, I \vas called 
twice out to be examined ,- at one of which 
if not at both, was honest and worthy major 
Holms, who was a prisoner in the Gate 
house too, and had been a friend and cor 
respondent of the earl of Argyle, to whom 
I was desired to give a cypher of names to 
correspond with, to which I added severals 
with my own hand, which was well known 
to the earl of Melford, which afterward 
proved not a little prejudicial to me ; for it 
was found among his papers when he was 
seized : he also told the lords of the coun 
cil, that I had told him, that there had been 
some consultations as to the lending money 
to my lord Argyle. 

" I continued in the Gate-house eleven 
weeks, close prisoner, looking upon myself 
as absolutely secure, under the protection 
of the plain law, of the act of habeas corpus, 
against being sent to Scotland : and there 
fore I did, in the first of Michaelmas term, 
petition the court of king s bench, for 
being brought to my trial, or admitted to 
bail. But the very day after, I was ordered 
to be ready for Scotland in twenty-four 
hours, to be there tried for crimes commit 
ted in that kingdom, though I neither was, 
nor could possibly be guilty of any crimes 
there, not having been for several years 
there, but passingly. 

" Accordingly I was sent to Scotland in 
his majesty s kitchen yacht, with several 
other worthy gentlemen of my country, 
and was with them committed to the tol- 
booth of Edinburgh,where I was close prison- 

* " An anecdote relative to his imprisonment 
ought not to be omitted, as he used to take great 
pleasure in relating it himself. One day not 
long after his commitment (to the castle of Ed 
inburgh) a boy about 12 years of age, son to 
Erskine of Cainbo, lieutenant governor, in the 


er for several months.* During that 
time 1 was only once examined, as far 
as I remember : but sometime after, we had 
the favour of open prison, till some of our 
great men, who were gone in that interval to 
court, returned to Scotland, and popish 
counsels then prevailing there, we were 
all of us shut up close prisoners again. Mr 
William Spence, a faithful friend and ser 
vant of the earl of Argyle s, was pitched 
upon to be examined first ; and upon refu 
sal to give satisfaction to what was proposed 
to him, as to the decyphering of some let 
ters of the earl of Argyle, he was put to 
severe tortures, one after another, in the 
thumbkins, kept waking for several nights 
and days, and the boots. At last, finding, 
as he judged, no great matter if he should 
decypher the letters, and that no great pre 
judice would arise, as he imagined, to the 
earl of Argyle, or his friends, from his doing 
so, he was prevailed on to decypher them ; 
but unhappily for me, there being several 
names of the cypher mentioned in that let 
ter, some of which I was expressed b}; 

course of his rambles through the court, came to 
the grate of his apartment. As he always loved 
to amuse himself with young people, he went to 
wards the grate and began a conversation with 
him. The boy was captivated with the gentle 
and engaging manner in which he accosted him ; 
and mightily pleased with his first interview, 
he resolved to cultivate his new acquaintance. 
In a day or two after, he returned at the same 
hour to the grate, and in the course of a few 
visits of this kind, he conceived the strongest 
attachment to the prisoner would sit by him 
for hours, lamenting his unhappy situation, and 
telling a thousand stories to divert him. He 
would sometimes load his pockets with provisions 
of different sorts, and oblige him to partake 
with him. At other times he would purchase 
for him pen, ink, and paper ; and when he had 
wrote his letters he would come at night, and 
carry them to the post-office himself. He was 
quite unhappy, if Mr Carstairs had no errand 
;o send him, or no favour to ask. This intimacy 
subsisted so long as Mr Carstairs remained in 
custody ; and when their intercourse was broken 
off by his release, the separation was attended 
with tears on both sides. It was not many 
rears before Mr Carstairs had an opportunity 
of testifying his gratitude. One of the first 
irivate favours he asked of king William was 
hat he would bestow the office of Lord Lyon 
ipon his young friend to whose humanity and 
cind offices he had owed his chief consolation in 
his deepest distress ; and he obtained this re 
quest with the additional gratuity that it should 
be hereditary in the family. He did not how 
ever live long to enjoy it in his own person ; and 
"lis eldest son forfeited the succession by engag- 
ng in the rebellion 1715." Life of Carsluirs 





which lie did not know, but the carl of i oath such questions as they gave me, or go 

Melford, who was in the government 

knew them, from the cypher above-mention- 
ed,wherein were several names writ by my 
o\vn hand. Upon this deciphering, I was 
ordered that very evening- to be put into 
the irons, in which I continued for three 
weeks. In which time the earl of Melford 
came to me, and earnestly dealt with me to 
confess what I knew in that matter, and 
offered me conditions that many in my cir 
cumstances would have thought very great, 
particularly two. That I should not be 
obliged, after a month or five weeks time, 
to answer any questions that should be pro 
posed about that affair, except what 1 should 
be myself pleased to say about it ; and that 
nothing that I said should be brought di 
rectly or indirectly against any man in trial 
that I should mention. I do acknowledge 
these conditions were staggering to me, 
considering that I could not well see how 
I should be able to go through a constant 
torture during my life : however I did re 
solve through divine assistance to adventure 
upon the torture ; rejecting at that time the 
conditions which Melford had difficultly 
obtained for me from the privy council. 
My reasons were, because I imagined, if I 
could once endure so severe torture, cither 
the lords of the council would have some 
regard to my character, and not put me fur 
ther to torture, or what I suffered might 
throw me into a fever, and so I might be car 
ried off the world ; for I can declare, that 
death, either by a sentence or any other 
violence, wherein my own hand was not 
concerned, would have been welcome to me." 
" I was brought before the privy council 
in England, and some depositions of major 
Holms and Mr Shepherd were read against 
me ; but neither of them was ever confront 
ed with me, though one of them had been 
so with some of our countrymen upon that 
occasion. When I came to Scotland in 
company with several other worthy gen 
tlemen of my country, and was committed, 
as I said above, prisoner to the tolbooth of 
Edinburgh, I was at last brought out about 
noon to the council, about a fortnight or 
three weeks after Mr Spence s deciphering 
the letters, and told by the lords of privy 
council, that I must either answer upon 

to torture while I breathed. And indeed 
chancellor Perth had told me a few days 
before, that I had refused so many singular 
favours that had been offered to me beyond 
any prisoner, that before God I should be 
tortured, and never a joint of me left whole. 
When I was called in before the council, 
the declarations of Major Holms and Mr 
Shepherd were read against me. I told 
them, that I could say nothing to them, be 
cause I had never been confronted with 
them, which was a plain evidence that they 
had said things against me, which they 
would not have had the confidence to have 
asserted had I been present ; but that was 
over-ruled. Then I was urged to answer 
upon oath the questions that should be pro 
posed to me. I told them, 1 would not do 
that in matters which were looked upon as 
criminal. They told me, that it should be 
presently enacted, that nothing that I said 
should ever militate against me, nor should 

they inquire whether 
were true or false. I 

what I answered 
said it was a bad 

precedent, and I was not willing to begin 
it. Then I was asked, what reasons I had 
why I should not be tortured. I answered, 
I did humbly judge that I could not be any 
ways tried there, for the order, by which I 
was sent down to Scotland, was express, 
that I should be tried for crimes commit 


the trovernmcnt in that king 

dom ; and I desired to know if my lord 
advocate had any thing to charge me with 
of that nature. He declared, he had not ; 
but that now I was in Scotland, and if I 
had been guilty of contriving against his 
majesty s government at Constantinople, I 
might be tried for it. I told them I thought 
it was true, but that the crimes I was accused 
of, were said to be committed in England, 
where his majesty s laws were equally in 
force for the security of his government, as 
they were in Scotland, which at Constanti 
nople they were not. But this was over 
ruled, and yet this was a notorious and un 
just breach of the law of the habeas corpui 
act, which was made expressly for the se 
curity of the liberty of Scots and Irish men 
Then they asked me, if I had any further t< 
offer against being tortured. I told them 
that I did not pretend to any skill in la\\ 



but that I was informed, that serrjplcna 
probatio was necessary in order to torture, 
which was not in my ease; for neither the 
depositions of these at London, nor what 
was said in my lord Argyle s letters, did 
amount to any such thing 1 . They told me, 
presumptions were enough to warrant tor 
ture. Then they asked me again, if I had 
any thing- further to say why I should not 
be brought to torture. I told them, I had 
only an humble petition to them, that I 
might meet with no greater severity in my 
own country, than the laws of that in which 
the crimes I am accused of are said to be 
committed, do allow of. 

" After this communing the king s smith 
was called in, to bring in a new instrument 
to torture by the thumbkins, that had never 
been used before. For whereas the for 
mer was only to screw on two pieces of 
iron above and below with finger and 
thumb, these were made to turn about the 
screw with the whole hand. Ard under 
this torture I continued near an hour and 
a half. In the meantime the torturing by 
the boot was tried, but the hangman being 
newly come on, because the former was in 
prison for some crime, he had no skill, and 
therefore it was put off till the next day. 
I do acknowledge I was much afraid I 
should not have been able to go through 
with that scene of torture; and if I had 
not, I was miserable, for I should have been 
brought to speak against every man they 
had mentioned, but God ordered it kindly 
otherwise, and the next day I had conditions 
offered to me afresh. Now as to the whole 
of this unpleasant subject, I do declare, that 
this affair is, so far as I was concerned in 
it, as to any consultations, no further than 
to discourse as to what might be proper to 
be done for securing- our religion and lib 
erty, from the dangers that they were then 
in, without any design against the royal 
persons of the king and his brother, or the 
government by monarchy ; and that some 
tiling was done among the Scots, as to the 
sending down a gentleman to discourse 
upon that head, with some others here. 
I should be guilty of the most horrid in 
justice if I should accuse any of the worthy 
gentlemen of my country that were my 
fellow-prisoners, or any of the English 

dissenting ministers, of having the 
least knowledge of, or concern in the 
abominable assassination of the king or his 
brother; for I did then, as I do now, abhor 
such practices, nor can I to this hour tell 
really what was in that matter that makes 
such a noise ; for nothing in my maimed 
depositions that are printed, hath any re 
gard to any thing of that nature, except as 
to what Mr Ferguson and Mr Shepherd 
did say, for which they alone are to be an 
swerable ; and I must also say, that Mr 
Shepherd did own his abhorence of such 

" And now, brother, I shall conclude what 
I have to say upon this subject, with the 
great injustice I met with in being sent to 
Scotland, in open violation of the plain law 
of habeas corpus, which was only designed 
to make way for my torture ; and the no 
torious breach of the public faith, as to the 
conditions that I had, by which no person 
was directly or indirectly to be mentioned 
in any trial as to that matter, nor any thing 
in my depositions was to be adduced against 
any person, which condition was openly 
violated, and this is acknowledged to have 
been so by the late earl of Cromarty under 
his hand, as is to be found among the re 
cords of Parliament. I was indeed earnest 
ly urged to oblige the then king so far, as 
to appear and answer some questions before 
the judges when they were set, and that 
no person should be confronted with me. 
To which I replied, that the saying any 
thing before judges when sitting, might be 
of some consequence, and through God s 
strength I would rather undergo many 
deaths than accuse any of these worthy per 
sons. I cannot but also acquaint you, that 
1 think it was a hardship put upon me, to 
print my depositions as they stood, because 
they were very lame, since simple answers 
to the questions are only set down, and 
neither the question that gave a rise to the 
answers, nor the just extenuations as to 
persons and things which I gave in my an 
swers. Which had they been published, it 
would have been found from what I said, 
that there could be no reason given why 
that affair should have been prosecuted 
with so much cruelty and violence. And 
having had a liberty from the lords of coun- 




cil to go abroad, but was enjoined to 
wait upon the secretaries at London, 
upon which I told some of our lords, that I 
was afraid that might have very ill conse 
quences, for if I should be brought before 
the king, I would say the same things to him 
in the extenuation of that affair, which I had 
said to them, which could not justify the me 
thods that had been taken in prosecuting the 
nobility. But when I came to London, and 
had waited upon my lord Melford and told 
him this, he told me, the less the king heard 
of me or saw me, it would be the better ; 
and that therefore it was his advice to me 
to go abroad and live quietly, and offered 
me a pass, which I accepted, and I accord 
ingly went abroad. I am, &c. 


This letter sets this excellent person s 
case and sufferings in a due light, and I am 
only sorry that he had not time and leisure 
to enlarge upon the base manking of his 
depositions, and to insert the just extenu 
ating circumstances he was careful to give 
of every thing ; and how these depositions 
were printed I cannot say, this reverend 
and candid person declares them miserably 
curtailed and maimed; and it seems the 
managers have been sensible of this, and 
therefore they have not insert them in the 
registers, but there is a blank for them of 
two pages. 1 come now to give what I 
meet with in the council-records, with re 
lation to this extraordinary person, and I 
shall likewise intermix some things from 
other authentic documents before me, which 
will in some measure help to make up what 
is wanting in his printed depositions. 

Mr Carstairs is not named in the regis 
ters of council, after his coming down, till 
September 5th, and it seems, from August 
19th to this day, he had lain in the irons ; 
and now the council, according to the chan 
cellor s threatening in private, come to pass 
an act in the forenoon sederunt, the tenor 
whereof follows. 

Act anent Mr William Car stairs torture, 

Edinburgh, September 5th, 1684. 
" It appearing that Mr William Carstairs is 
concerned in the late conspiracy, and there 
being pregnant presumptions of his knou - 

ledge of this atrocious villany, to the effect 
that the whole plot may be known, and the 
truth expiscated ; and having called the said 
Mr William Carstairs, he would not answer 
and depone thereanent, albeit it was allow 
ed by the advocate, that what he declared 
or deponed should not militate against him. 
The lords of his majesty s privy council 
considering, that thereby he renders him 
self most suspect, do ordain that Mr William 
Carstairs be questioned in torture this af 
ternoon, upon the questions agreed upon in 
the council, and appoint one of the bailies of 
Edinburgh to be present, and the execu 

Follow the interrogatories to be put to the 

said Mr William Carstairs, which were 

read in council, and approven of by an 

unanimous vote. 

" 1. Who were the persons, where, and 
upon what occasion, that did first acquaint 
you with this conspiracy or association ? 

" 2. What persons in Scotland or Eng 
land do you know to have been conceited 
in the said conspiracy ? 

"3. Who were the great managers, or agi 
tators of this intended insurrection ? 

"4. Who was to contribute the money to 
be transmitted to Argyle, to buy arms ? 

"5. Where were they to begin the insur 
rection, and whom did they look upon as 
most friendly to their cause in the kingdom 
of Scotland ? 

"G. How long have you been acquaint 
with Mr Fergusson, and how oft have you 
been in company with him, Sir John Mon- 
ro, Sir John Cochran, Commissary Monro, 
Bailie of Jerviswood, and the t\vo lairds of 
Cesnock, together, and who other Scots or 
English used to meet with you? 

" 7. What was the carriage, or accession 
to this conspiracy, or any part of it, of Bailie 
of Jerviswood, the two Cesnocks, Com 
missary Monro, or any other Scotsmen ? 

" 8. Was the ten thousand pound, or any 
part of it, remitted to Argyle, or was there 
any arms bought or bargained for? 

" 9. What place in Scotland did Argyle 
intend to land in, and make a descent? 

" 10. What correspondence did Argyle 
keep with any in Scotland ? 

"11. What concern in this conspiracy 

CHAP. VII 1.1 



had the carl of London, the lord Stair, the 
lord Melvill, and Sir John Cochran ? 

" 1 2. At your last being in Holland did 
you not see or understand, that Argyle con 
versed or corresponded with Loudon, Stair, 
and Melvill, as likewise with the English 
conspirators who had fled to Holland, par 
ticularly w r ith the lord Gray, Sir Thomas 
Armstrong 1 , Mr Fergusson, or Mr Vane ? 

" 13. What letters were those which 
Holms depones he showed you from Argyle, 
and what was the contents and design of 

" 14. What was the contents of the letter 
you carried to Argyle from Holms, by or 
der and direction of the duke of Monmouth, 
and lord Russel, and what message was it 
you carried to Argyle from Monmouth and 
Russel ? of this letter you may particularly 
remember, it being about a month before 
major Holms was taken. 

" 15. What persons of consideration were 
they, who, as you told major Holms, had 
proposed to raise at first thirty thousand 
pounds, and some other sum, and at last 
agreed to remit ten thousand pounds to 
Argyle, or some sum or other ? 

" 16. What messages were those you came 
so oft upon from Jerviswood to major Holms 
and Mr Shepherd, anent that money to be 
remitted to Argyle ? 

" 17. Did you not see Mr Spence, alias 
Butler, waiting on Argyle, at your last be 
ing in Holland with him ? 

" 18. Are you acquaint with Mr Lenzien- 
son Gore of Kenterden, where you was 
apprehended at Mr Carteise s house, under 
the name of Swan, and if he be concerned 
in this conspiracy ? 

" 19. What do you know of Aaron Smith s 
being sent down to Scotland, and to whom 
he was directed ? 

" 20. What do you know of any of your 
countrymen s transactions with the late 
Shaftsbury, colonel Sidney, or with the 
duke of Monmouth ?" 

In the afternoon the same day, Septem 
ber 5th, the council called and interrogated 
Mr Carstairs, " If he would now answer 
the queries upon oath ingenuously. He 
still shunned so to do, albeit the advocate 
declared what the said Mr Carstairs depon 

ed should not militate or operate 
against him in any manner of way* 
whereunto the council assented. The 
council called for one of the bailies of 
Edinburgh ; and the executioner with the 
engines of torture being present, the lord 
chancellor commanded the bailie to cause 
the executioner put him in the torture, by 
applying the thumb-screw to him, which 
being done, and he having for the space of 
an hour continued in the agony of torture, 
the screw being by space and space stretch 
ed until he appeared near to faint;* and 
being still obstinate and refractory to de 
pone, the lords thought fit to ease him of 
the torture for that time, but certified him 
that to morrow at nine of the clock, he 
would be tortured by the boots if he re 
mained obstinate." 

September 6th, " The lord treasurer-de 
pute, appointed to confer with Mr William 
Carstairs for bringing him to an ingenuous 
confession, upon the interrogatories yester 
day put to him in torture, reports, that he 
was content to depone thereupon, and be 
ingenuous upon the terms mentioned in a 
paper exhibited by the lord treasurer-de 
pute. Which paper being read and consid 
ered, was unanimously voted, and an act 
made thereupon, and the lord treasurer-de 
pute was authorized to give his word of 
honour to Mr Carstairs, for performing of 
the council s part of these articles contained 
in the paper relating to them, he always 
performing his part ; and he is ordered to 
the castle, and none are permitted to speak 
or converse with him, and particularly Mr 
William Spence is not to be suffered to see 
him. And a surgeon is allowed him in or 
der to his cure." 

All I meet with in the council-books 
further upon this subject, is, Messrs William 
Spence and Carstairs are, September 13th, 
removed to Dumbarton castle, and allowed 
liberty within the walls. And September 
30th, Mr Carstairs is ordered from Dum 
barton to Stirling castle, and to be at large 

* The instrument by which Mr Carstairs 
was thus inhumanly tortured is still in the 
possession of one of his lineal descendants, Alex 
ander Dunlop, Esq. of Keppocb, Dumbarton 
shire, the great-grandson of the venerable prin 
cipal Duiilop of Glasgow. Ed. 





within the walls of it. And im 

mediately after this, upon the foot 
of the page 517, of this volume, there is a 
paper pinned to the leaf, upon which is 
writ as follows. " The lord Lundin secre 
tary of state, as commissionate in the act 
above, did send in the underwritten certifi 
cate to the clerks of council, dated at 
Barn ton October 1st 1 G84, the tenor where 
of follows. Whereas his majesty s honour 
able privy council authorized me upon the 
terms mentioned in the foregoing act, to be 
fulfilled by Mr Carstairs, to promise upon 
my word of honour, to procure him the 
conditions and indemnity therein mentioned; 
these are therefore to testify to all concern 
ed, that the said Mr Carstairs hath fulfilled 
his part, by answering upon oath all ques 
tions proponed to him preceding this day. 
In witness whereof these presents are 


" In obedience to which act and certificate, 
the clerks of council delivered to the said 
Mr William Carstairs the act of council, of 
the date of the sixth of September." And 
then in the register there follows a blank 
for two pages in folio. Whether this was 
left to be filled up with the deposition of 
the Reverend Mr Carstairs, and its being 
printed in so lame and maimed a manner 
prevented its being filled up, or, after it 
was printed in so unfair a manner, that 
they were ashamed to insert in the registers 
a just copy of his deposition, with the cir 
cumstances and extenuations he gave upon 
oath, or what the occasion was, I cannot 
determine ; but thus it stands in the council- 
books, and I find no more with relation 
to him. 

That I may give the reader all I have 
further concerning Mr Carstairs, I shall 
add an account given by himself in a letter 
to his friends at the time of his depositions, 
for preventing, as he tells them, of lying 
aspersions upon himself, and satisfying 
them as to his conduct in this matter. The 
reader will observe, that the council, in 
their act of the sixth of September, deal 
not so fairly as to insert the paper of con 
ditions agreed to by their delegate and Mr 
Carstairs, which they ought in justice to 

have done, seeing these conditions were so 
unanimously approver! : and, as I hinted 
before, they record nothing of what passed 
at his examination, September 8th. It is 
the more necessary I insert the conditions 
Mr Carstairs obtained before he would 
give his declaration upon oath, as to the 
interrogatories above named. In his present 
circumstances, and after he had gone 
through the torture, he essayed to get the 
best conditions possible, that any thing he 
should say should do no harm to others, and 
by his candour, precaution, and prudence he 
obtained from the secretary the following 
conditions which were signed by them 
both, and, upon the public faith of the 
kingdom pledged in them, he prevailed 
with himself to give his deposition. 

Conditions Mr Carstairs had, Edinburgh 
castle, 1G84, under the secretary s hand. 
" That Mr Carstairs answer all interroga 
tories that shall be put to him, betwixt 
and the first of October next, upon his 
great oath. The which being done, he 
shall have his majesty s full pardon and 
remission, for his life, limb, fortune, estate, 
and fame. That he shall never be brought 
as witness against any person or judicatory, 
directly or indirectly, for any thing con 
tained in his answers. And further, that 
the said Mr William Carstairs shall never 
be interrogate in torture, or out of the 
same, concerning any thing preceding the 
date of this paper, after the day ahore- 
mentioned, except he himself shall be 
delated as accessory, and that accession to 
be after the date of this, or his remission. 
And whereas the council, upon the con 
siderations abovenamed, hath, by their act 
September Gth, authorized me to give my 
word of honour, and solemn promise, that 
so soon as the premises are fulfilled by 
Mr Carstairs, I shall deliver him the coun 
cil s act in those things, and in a convenient 
time thereafter, not exceeding a month, his 
majesty s pardon, in ample form, above ex 
pressed : therefore I, by my promise, give 
my faith to Mr Carstairs, in manner above 
expressed, time and place above said." 

His depositions, without his knowledge, 
and to his grief, and scarce agreeable to 




those conditions, were, in a few hours after 
they were made, printed by the managers, 
and crying- in the streets of Edinburgh. 
Mr Carstairs candour was singular, and 
such unfair dealing never entered in his 
mind, otherwise he would have taken care 
to prevent it, if conditions would have 
bound those people, as indeed they did not. 
These printed depositions are lame, maimed, 
and unfair, as we have seen Mr Carstairs 
declaring, and therefore I shall not reprint 
them again ; they are in every body s hand, 
and have been too often printed already. 
It was yet a great deal worse in the ad 
vocate, to adduce the printed copy as an 
adminicle in Jerviswood s trial; and the 
reason he gives there for this, is but mere 
juggling, that though it was capitulate, he 
(Mr Carstairs) should not be adduced as a 
witness, yet it was agreed, the depositions 
should be published. If the advocate 
mean any agreement among the council, 
it is perfect j uggling ; if he mean an 
agreement Avith Mr Carstairs, that worthy 
person, while alive, still disclaimed this : 
and we see it is far from being in the con 
ditions, but rather the plain contrary ; for 
it was a poor matter to Mr Carstairs, not 
personally to be adduced as witness. If 
his declarations emitted were to militate 
against others, he reckoned he was made a 
witness; and this was certainly an indirect 
making him a witness : and it appears most 
evidently from Mr Carstairs own letter, 
that one condition offered him was, that 
nothing he said should be brought directly 
or indirectly against any man in trial. And 
when he was solicited to appear before the 
judges, his answer was, he had rather 
undergo many deaths, than accuse any of 
those worthy persons. So that upon the 
whole, I cannot but suspect that article in 
Jervisvvood s printed trial, page 23. where 
Mr Carstairs depositions are said to be 
renewed upon oath, the 22d of December, 
in presence of his majesty s privy council, 
as being directly contrary to the second 
and third conditions granted him. I find 
nothing of it in the council-registers. 

Many reports were spread, and lying 
stories told, as if Mr Carstairs should have 
spoken many things to the disadvantage of 
the noblemen and gentlemen about whom 

he was interrogate ; which, with 
what fell out in Jerviswood s trial, 
grieved him exceedingly, and he wrote a 
letter to his friends about this time, from 
which I shall give a few more hints, passing 
many things already noticed, and with them 
end my account of this worthy person. 

" He testifies his abhorrence of any design 
against the king or duke s life; that all his 
countrymen with whom he spake, were 
free of any design against the king or 
government, and that he frequently told 
the lords who came to him, this whole 
affair upon which he was questioned, 
amounted to no more than talk, without 
so much as any formed design, and even 
talking was much broke off, before the 
discovery of the plot. He showed them 
how unwilling he was to bring any man to 
trouble, and that it could not but be very 
grievous to him, to be forced to speak of 
any who had trusted him as a friend, 
especially when the business never came to 
any bearing, or to that height as to be any 
way prejudicial to the government. " As 
to the objection made against him, that he 
had been so particular in his confessions, 
he says, that could not be escaped, his 
interrogatories were so particular, and he 
upon oath." We have before noticed, how 
his extenuations were omitted; he adds, 
" that he had declared as to my lord Melvill, 
his great aversion to be any way concerned 
in that affair ; and so fair was he, that he 
acknowledged he himself was the person, 
who, with difficulty, prevailed with my 
lord, to come to the meeting. As to old 
Cesnock, he said, he was a man so cautious, 
and of so few words, they knew not what 
to make of him ; that his son was much 
upon the reserve ; that he had nothing to 
say of the lord Stair, and did riot think he 
had any knowledge of their meetings, and 
that he had never spoke with him upon 
that head : he commended Mr Stuart much 
for his peaceable temper, and acknowledged 
his correspondence with him. " That he had 
never conversed with the duke of Monmouth, 
and what was in Holms declaration was a 
mistake; and, for any thing he knew, the 
duke rather discouraged as encouraged 
the affair; that Mr Carstairs was much 
a stranger to the methods to Scotland as 



to this business, and could give no 
account of any ministers engaged in 
it. He commended Langshaw as a person 
very much for moderate measures, and ad 
dressing the king anent grievances : all 
this and much more, he says, he signified to 
the lords of the committee present. In the 
same letter he regrets, that his depositions 
were read in the criminal court, and says, 
that he was so far from knowing of it, that 
upon hearing of it he went and waited upon 
some of the lords of council, and represent 
ed his deep concern on that account, and 
complained cf it as a breach of their con 
ditions with him ; and that the chancellor 
(upon reading the conditions) owned before 
the treasurer and others of the counsellors, 
that what was done, was indeed a breach 
with him, an inadvertency, though without 
any design in the advocate ; that the advo 
cate himself, when Mr Carstairs waited on 
him, declared he was indisposed when the 
council transacted that affair, and did not 
fully know them. Whereupon Mr Carstairs 
gave him a copy of them, signifying to his 
lordship, that he expected the faith given 
him should have been kept, and he hoped 
any thing he had confessed should never be 
heard of any more in public, against any 
man : and the rather, that when he was 
called from Stirling castle before the lords, 
they used many arguments with him, to 
give a general account before the justice- 
court, of the substance of his confessions 
to them; yet he signified his utter aversion 
to it, as what would be a witnessing against 
all whom he mentioned. And the lords 
were pleased to tell him, they would rather 
die than break conditions with him ; which 
he depended upon. Those things Mr 
Carstairs desires in his letter, may be used 
for the greatest advantage of all concern 
ed ; and says, it was declared by the lords, 
and believed by him, that what he dis 
covered was for their private satisfaction, 
and not at all to militate against any; and 
adds, the nature of the thing declares so 
much, since the interrogatories propounded 
to him M r ere such as could not well be pro 
posed in a criminal court, and answered by 
him in a way he could not well have an 
swered them as a witness, and in a way 
of proof, and that the lords still assured 

him they would keep their promise to an 

Thus much I thought necessary for the 
just vindication of the memory of one to 
whom the church of Scotland are under ob 
ligations, whose character is so universally 
known, and savoury for every good thing, 
that I say no more of him. The people of 
this time knew his character, and therefore 
they were so hard upon him when in their 
clutches ; and, by breach of condition, ad 
duce what he had said in Jerviswood s pro 
cess, as what they imagined would be of 
great weight, coming from Mr Carstairs.* 
This is all the reason I have for insisting so 
long in setting this great man s sufferings in 
their due light, and come now forward to 
those of his dear friend and fellow sufferer. 

Mr Robert Bailie of Jerviswood, with 
whose sufferings I shall end this section, 
was a gentleman who had the testimony of 
some of the greatest men of this age, whom 

*" Mr Carstairs is a presbyterian clergyman, 
who fled from Scotland, after the insurrection 
for religion in the reign of Charles II. He was 
taken prisoner in England upon suspicion of be 
ing concerned in the intended insurrection for 
which lord Russel and Algernon Sydney suf 
fered, and was sent down to Scotland where he 
underwent a torture. He after wards retired in 
to Holland and came over at the revolution with 
the prince of Orange. He contracted when in 
Holland an intimate friendship with the earl 
of Portland ; (William de Bentink then a pri 
vate gentleman ;) and was in great favour with 
the prince, who on the revolution made him his 
chaplain for the kingdom of Scotland, and gave 
him the revenue of a bishoprick for bis salary. 
He attended king William in all his campaigns, 
who allowed him 500 each for his equipage. 
As the king committed the government of Scot 
land to lord Portland, as his ostensible minis 
ter, so that nobleman devolved it on Mr Car- 
stairs, all offices of state and other employments 
being disposed of by his influence. Indeed few 
Scotsmen had access to the king, but by him ; so 
that he was properly viceroy of that kingdom, 
and was called at court cardinal Carstairs. The 
queen continues him in office, but he does not 
concern himself so much in public affairs." See 
Carstairs state papers, p. 98. This and all other 
characters quoted in this work from that publi 
cation, was taken from a manuscript in the lib 
rary of the earl of Hyndford, supposed to be 
written in 1704 ; author not known. 

Mr Carstairs was in 1704 admitted principal 
of the university of Edinburgh and professor 
of divinity, and soon after was called to be one 
of the ministers of that city. In 1705 he was 
moderator of the general assembly, and again 
in 1708, 1711, and 1715, and died on the 28th 
Deer, that year. Few clergymen in the Scot- 
tish church have been more respected than Mr 
Carstairs. Ed. 




I could name, for one of the best of men, 
and greatest of statesmen, and so was a very 
proper object of the fury of this period, and 
could scarce escape the rage and malice of 
the duke of York, and such as were with 
him carrying on the plot against our reli 
gion, reformation and liberty. Indeed he fell 
a sacrifice for our holy reformation, and re 
ceived the crown of martyrdom, upon the 
account of his zealous appearances against 
popery and arbitrary power. I can never 
consider this great man, and several others 
in this and succeeding years, of the most 
judicious and notable of our martyrs, ne 
glected of design by the collectors of the 
Cloud of Witnesses, but I must blame their 
private and party temper. Jerviswood s 
trial was published by the managers, and I 
may perhaps make some remarks after 
wards upon it. I shall here give some few 
hints I meet with in the records, with re- 
Jation to him, when before the council, of 
which there is nothing in his printed trial. 
Through his long confinement, and harsh 
treatment when in prison, this good man 
turned very sickly and tender ; and it was 
reckoned almost certain by all, that had the 
managers spared this gentleman a few weeks 
longer, they would have been rid of him by 
a natural death, and escaped the indelible 
blot of inhumanity and barbarity to so ex 
cellent a person. He was evidently a dying 
when tried before the justiciary, and was 
obliged to appear in his night-gown before 
them, and scarce able to stand when he 
spake; and yet he was kept in the pannel 
for ten hours, and behoved to take cordials 
several times ; and next day he was carried 
in a chair, in his night-gown, to the scaf 

By the council-books, I find, August 18th, 
" the lady Jerviswood is, upon her petition, 
allowed to see her dying husband, with the 
physicians, but to speak nothing to him but 
what they hear and are witnesses to." I 
am of opinion this low state of his health 
put the managers at first off the design of 
processing him criminally; and to secure 
his estate, while he is dying a natural death, 
brought on by their maletreatment, they 
raise a process in order to fine him to the 
Yalue of 6000 sterl. Thus, August 30th, 
the council order the advocate to pursue 


Jerviswood, for resetting, entertain 
ing, and corresponding with rebels; 
and, as far as I can find, he was not able to ap 
pear before the council when they passed a 
decreet against him, only he ordered his ad 
vocate to appear for him. Accordingly, 
September 4th, the council pass their decreet 
fining him in six thousand pounds sterling. 
The decreet is very long, and would take up 
too much room here. In short, it narrates 
the libel given in against Jerviswood, which 
consists mostly of the articles of his printed 
indictment, upon which afterwards he suf 
fered, and a charge of his converse and in- 
tercommuning with the persons who will 
just now come in ; and then the libel is re 
ferred to his oath, which he refusing, they 
pass sentence. The sum of all is this : 
" The lords of his majesty s privy council, 
having heard and considered the foresaid li 
bel, and the interrogatories given in by his 
majesty s advocate, in order only to an ar 
bitrary punishment, to which his majesty s 
advocate restricted the libel pro loco et 
tempore, and reserved the other articles of 
the libel to be pursued as law accords ; and 
the council having appointed a committee to 
examine Mr Robert Bailie of Jerviswood, 
upon the said interrogatories, the tenor 
whereof follows. Imo. Did you harbour 
or intercommune with Mr Samuel Arnot, 
Mr Gabriel Semple, Mr David Hume, Mr 
George Barclay, Mr William Gilchrist, Mi- 
Alexander Pedin, Mr John Hepburn, Mr 
John Rae, Mr James Kirkton, Mr Alexan 
der Lennox, Mr David Jamison, Mr Thomas 
Douglas, Mr Alexander Moncrief, Mr John 
Welsh, Mr Richard Cameron, Mr Donald 
Cargil, Denholm of Westshiels, 

Stuart of Cultness, James Stuart his 
brother, Mr Thomas Fellings, John Wil 
son in Lanark, Mr John Menzies of Hang- 
ingshaw, Michael Lamb in Lanark, David 
Barclay surgeon in Edinburgh ? 2do. Did 
you reset Alexander Tweedie your gardener, 
after Bothwell-bridge ? And the said com 
mittee having gone to the tolbooth, and de 
sired the said Jerviswood to answer upon 
oath to the said interrogatories, and he 
having refused to depone, the said lords do 
hold him as confessed, and guilty in regard 
of his refusing to depone, reserving to his 
majesty s advocate to pursue the othei 




1 G84 c " mes Celled, and whereof the said 
" Jerviswood is now holden as confess 
ed, as law accords, and have fined, and fine the 
said laisd of Jerviswood in the sum of six 
thousand pounds, sterling- money, for the 
crimes whereupon he is holden as confessed, 
to be paid to his majesty s cash-keeper for his 
majesty s use. Which sentence was intimat 
ed to Mr Walter Pringle his procurator." 

We shall hear more just now of such un 
accountable fines imposed upon gentlemen, 
to the real value of their estates, but in a 
little time the managers go on to hunt for 
his precious life. September 10th, the 
council give orders to remove the lady 
Oraden his sister, and the lady Jerviswood 
from his room in prison, they being inform 
ed he is recovered of his indisposition. We 
shall find this was but a very slender re 
covery, and that afterwards he grew worse, 
in part, no doubt, from his being deprived 
of the care of these excellent ladies; and 
November 6th, the lady Graden is allowed 
to be close prisoner with Jerviswood, be 
cause of his valetudinary condition. 

He continued in prison still weaker and 
weaker, till December 18th, when I find 
the king s advocate is ordered to pursue a 
process of treason and forfeiture, against 
Mr Robert Bailie of Jerviswood, to morrow 
at two of the clock, and Sir George Lock- 
hart of Carnwath, and Sir John Lauder 
advocates, are appointed to concur with the 
king s advocate in the process. I need not 
again remark, that this was to prevent 
Jerviswood s employing them in defence of 
his just rights. However, the time was 
exceeding short, and therefore, though il 
seems to be yet the more straitening to him 
the libel and indictment were not put in 
his hands till the 22d. Upon the 23d o: 
December, Jerviswood gives in a petition to 
the council, showing, "that only yesterday 
he received an indictment of treason a 
eleven of the clock, to appear before the 
justiciary this day at two of the clock in the 
afternoon, which is so short a time, that the 
petitioner has got no lawyers consulted, no: 
time to raise his letters of exculpation fo 
proving his defences and objections agains 
the witnesses, as is allowed by the act o 
regulation, and the ordinary time in sue 
cases is fifteen days; and the petitioner a 

resent being so sick and weak, as he is not 
ble to come over his bed without being 
ifted, as appears by the testimony of phy- 
icians ; wherefore he humbly supplicates, 
hat the council may prorogate the diet to 
ome competent time, and allow him law- 
rers, viz. Sir Patrick Hume, Mr Walter 
Cringle, Mr James Graham, Mr William 
letcher, Mr James Falconer, and Mr 
William Bailie." The council refuse to 
jrorogate the diet, " but grant him the ad 
vocates he seeks, and allow them to plead 
without hazard, they containing themselves 
n their pleadings in the terms of law and 
oyalty, as they will answer at their 
pe ril." 

This is all I meet with in the council- 
>ooks concerning Jerviswood. I shall now 
*ive the reader an abstract of this excellent 
person s trial, from the justiciary records; 
he principal papers being already printed, 
I shall only give the substance of them. 
Upon December 23d, when, as I have alrea 
dy remarked, this worthy gentleman was 
in a dying condition, and could not have 
ived many days, he was carried in before 
the justiciary, where his indictment is read, 
bearing, "that notwithstanding conspiring 
to overturn the government, or concealing 
and not revealing any treasonable design, 
project, or discourse tending thereto, or as 
sisting, aiding, or abetting such as have any 
such designs, infer the pains of treason by 
act 3. parl. 1. Jam. I. act 37. parl. 2. Jam. I. 
and 144 act, parl. 12. Jam. VI. and act. 1. 
sess. 1. parl. 1. Char. II. and act 2. sess. 2. 
parl. 1. Char. II. and act 2. parl. 3. Char. II. 
Nevertheless the pannel traitorously design 
ed to debar his royal highness his majesty s 
only brother, from his right of succession ; 
in order to which he endeavoured to gel 
himself elected one of the commissioners 
for settling a colony in Carolina, that h< 
might thereby have better access to treai 
with the earls of Shaftsbury, lord Russe 
and others, who had entered into a conspir 
acy in England against his majesty s persoi 
and government, and with colonel Rumsay 
Walcot and others, who had conspired the 
murder of the king and his brother, an< 
went to England himself to push forwan 
the people of England, who, he said, di< 
nothing but talk ; and after he had settle 

CHAP. VI 11.] 


a correspondence here, did transact with 
the said conspirators to get a sum of money 
to the late earl of Argyle a declared traitor, 
for raising a rebellion, and did chide the 
English conspirators for not sending it 
seasonably. And among many other meet 
ings at London, January, February, March, 
April, or May, 1683, for carrying on the said 
traitorous design, had one in his own cham 
ber, where were the lord Melville, Sir John 
Cochran, Cesnock elder and younger, with 
Mr William Veitch a declared traitor, and 
did treat of sending the foresaid money, and 
the Scots upon attempting any thing for their 
own relief, their getting horse from England, 
and sent down Mr Robert Martin from that 
meeting, to prevent any rising in Scotland 
till it should be seasonable. Which Robert 
did treat with Polwarth and others, about 
securing the officers of state, castles, and for 
ces in Scotland, and putting their associates 
in readiness to assist the earl of Argyle. 
That he did correspond with Fergusson, 
Armstrong, Rumsay, and Walcot, who were 
privy to the horrid part of the conspiracy : 
at least he corresponded with the late earl 
of Argyle, and Mr William Veitch, declared 
traitors, wherethrough he was committed, 
and is guilty of the crimes of high treason 
and rebellion." 

Jerviswood s advocates pled, that he 
ought not to pass to the knowledge of an 
assize, because he had not gotten a citation 
of fifteen days, and was precluded his ex 
culpation ; and by act of parliament, all pan- 
nels before the criminal court are allowed 
to raise precepts of exculpation, which sup 
poses a competent time, not here allowed. 
This the king s advocate, in his criminals, 
title Of Libels, allows, and the lords decided 
it in the case of Robertson 1673, who albeit 
he got his libel in prison, by an interlocutor 
behoved to have fifteen days. The advocate 
oppones the constant tract of decisions, and 
says, that act of parliament is only in cases 
where a summons or libel is to be raised ; 
but here there is only an indictment, nor 
was exculpation sought before the trial, 
which is the case in the act. However 
it is plain, decisions can never prove any 
thing against law. And Jerviswood, as we. 
heard, petitioned for exculpation : yet the 
lords repel the defence for the reasons given 

by the advocate. It was further al- 



leged for Jerviswood, that the har 
bouring-, entertaining, and intercommuning 
with the persons named is res hactenus ju- 
dicata, and the pannel already fined by the 
council in a vast sum upon that account. 
The advocate restricts his libel to the pannel s 
entering into a conspiracy for raising rebel 
lion, and for procuring money to be sent to 
the earl of Argyle, and concealing, and not 
revealing this. It is replied, that Jervis- 
wood s corresponding with Argyle at any 
time since his forfeiture, was expressly 
propounded as an interrogatory before the 
council, and that not only by himself but 
likewise by major Holms, Mr Carstairs, 
West, Shepherd, Rumbold, and Rumsey, 
and refers it to a double of the act of coun 
cil writ by the clerk s servant, and to my 
lord advocate s oath ; and as to Mr Veitch, 
he was not declared rebel. Sir John 
Lauder for the king, oppones the council 
decreet, where no such interrogatory was 
put to the pannel, which must bear more 
faith than any scroll, and cannot be taken 
away by his majesty s advocate s oath, to 
the king s prejudice ; and adds, Mr Veitch 
was forfeited 1667, and 1669 : the forfeiture 
was ratified in parliament. To this it is 
replied, that he does not appear to be the 
person named in the act of parliament, and 
though he were, he came home since, and 
all the punishment inflicted on him, was 
banishment, not to return under pain of 
death, which took off any former punishment, 
and it was no crime to intercommune with 
him, especially in another kingdom ; and 
by the act of council 1683, the conversing 
with declared traitors is restricted to arbi 
trary punishment. The advocate oppones 
the doom of forfeiture, and the proclamation 
of council. 

The lords sustain the libel, as restricted, 
relevant, and repel the defences, and the 
assize are sworn ; and for probation the earl 
of Tarras is first adduced, against whom 
Jervis wood s advocates object, that he is 
socius criminiSy and by 34 cap. stat. 2 Rob. 
I. and likewise under an indictment of high 
treason, and being under the impressions of 
fear and death, ought not to be admitted. 
The advocate answers, that in conspiracies 
socii criminis have still been admittedj be- 





cause no other witnesses can be 

had, and the earl hath not, and never 
sought any security for his deponing. The 
lawyers for the pannel reply, the statute of 
king Robert stands in full force, and ubi 
lex non distinguit, non est distinguendum ; 
besides, the earl is incarcerate for the same 
crime, and under an indictment of high 
treason hath thrown himself upon the king s 
mercy, and cannot be witness, seeing the 
king may give him his life or not, and in 
such circumstances a witness was never ad 
mitted. Yea, the earl of Tarras is to be 
considered as condemned for the crime of 
treason, seeing he fully and amply confessed 
the crime, and never any body allowed, that 
damnatus criminis ICBSCB majestatis, could be 
admitted as a witness, for which he adduceth 
many lawyers. Sir George Lockhart for the 
king oppones, that socii criminis are admit 
ted witnesses in omnibus, criminibus excep- 
tis, which is agreed to by all lawyers ; and 
that the earl of Tarras hath submitted to 
the king s mercy, is no more but socius 
criminis ; and if this objection stood, con 
jurations of treason could never be proven. 
Another of Jerviswood s lawyers repones, 
that there are some objections competent 
against witnesses, even in criminibus cx- 
ceptis, for example, that he is a capital ene 
my, and sub potentate accusatoris, and so 
the earl of Tarras is by his submission and 
confession; and he having submitted his 
tife and fortune to the king, is in the case 
of a witness, who absolutely depends upon 
his majesty s advocate the pursuer, and in 
a private process testes domcstici, and such 
as entirely depend on a person, will not be 
admitted ; and as to the argument, that at 
this rate the guilty person must escape, the 
answer is plain, his majesty s advocate 
might have pursued the pannel before he 
had pursued the witness ; but now the ter 
ror of a process of treason cannot but have 
influence on him as a witness. In short, 
they urged that none under infamia juris 
can be admitted, no more than a person 
convict and condemned, even in the case of 
treason ; but the earl is materially convict, 
when after an indictment he confesseth ; 
and never a lawyer asserted, that a person 
convict of treason could be admitted a wit 

These reasonings were so strong", that the 
publisher of Jerviswood s process takes no 
tice on the margin, as if he had been con 
scious the earl ought not to have been ad 
mitted, that he depones nothing different 
from the other two witnesses, who deponed 
the same things against the earl, for which 
he was forfeited, so that there could be no 
ground of suspicion from his circumstances, 
which might be easily answered. This 
might be a laid and concerted thing, and I 
doubt not but it was; and since the earl 
was convict by confession, there was no 
need of witnesses, but ex abundanti to co 
lour the design the better. 

However, the lords repel all objections, 
and call the earl as a witness. His deposi 
tion, and that of commissary Monro, Phil- 
iphaugh, and Gallowshiels, have been more 
than once printed, not only in Jerviswood s 
process, but in Sprat s history of the Rye- 
house plot, and I shall not here enter on the 
detail of them. They prove that Jervis- 
wood being in hazard, as all the nation were, 
of oppression, after the unaccountable deci 
sion in Blackwood s case, went up to Lon 
don, and did speak and talk anent methods 
to bring in the king to exclude a popish 
successor ; and that they discoursed like 
wise upon money to be sent to the earl of 
Argyle, and Mr Martin in May 1683, came 
down to Scotland with some proposals to 
the earl of Tarras, Philiphaugh, Gallow 
shiels, and some others, to engage them to 
a rising, when England rose for the secu 
rity of the protestant religion; but as to a 
design against the king s life, nothing of 
that was known to any of them. Most 
part of them relate to the plot, as it was 
called, and design then in hand, and very 
little militates against Jerviswood in par 
ticular. They all adhere judicially to their 
depositions made before the lords of the 
secret committee. 

As an adminicle of probation, the advo 
cate produces the printed copy of Mr Car- 
stairs deposition, and the clerks depone 
they collationed the printed copy with the 
original, and the lords ordain it to be taken 
in as an adminicle ; and they give it a title 
very injurious to Mr Carstairs, and con 
trary to their own conditions granted him. 
* The deposition of Mr William Carstairs, 




when he was examined before the lords of 
the secret committee, given in by him, anc 
renewed upon oath, upon the 22d of De 
cember 1684, in the presence of his majes 
ty s privy council. This looks as if Mr 
Carstairs had voluntarily renewed his depo 
sition, December 22d, with an eye to his 
dear friend, Jerviswood s trial now coming 1 
on, than which nothing is more injurious 
to this worthy person. The matter was 
this, as appears by what is above inserted, 
and the account that reverend and singular 
candid person gave me more than once in 
conversation. Mr Carstairs was their pri 
soner, and he is brought into town a few 
days before Jerviswood s trial, and dealt 
with most earnestly to be a witness against 
Jerviswood, which he rejected with abhor 
rence, and put them in mind of the condi 
tions granted him, and the breach of faith 
in this proposal. He was again urged but to 
appear before the lords of justiciary, and own 
judicially that he had emitted the deposi 
tions signed by his own hand, at a time 
when Jerviswood was not present ; he told 
them, he would suffer any thing before he 
would do so mean a thing. Mr Carstairs 
was positive, that as far as he could mind, 
he was never before the council; but when 
dealt with by the chancellor, Queensberry 
and some others, and had flatly refused the 
two former proposals, the original papers 
signed by him in the castle being produced, 
he did own what he could not get by, that 
those were his subscriptions, and put them 
in mind of the conditions upon which he 
had made those declarations, and expected 
they should not be brought against any per 
son, as they had promised, and so left them. 
And this is all that was attested by the 
chancellor, Queensberry and the rest ; yet 
they were sustained as an adminicle. Shep 
herd s and Burn s declarations were produc- 
ed,and this was all the proof. 

Before the assize inclosed the advocate 
had a most bloody and severe speech to 
them, wherein every thing is stretched to 
the uttermost against the pannel. I shall 
not insert it here since it is already pub 
lished. In short, he urges the appointment 
of a thanksgiving-, for the discovery of the 
conspiracy, through the nations, the prac 
tice of the judges in England, who found 

proof enough to forfeit some of all 
ranks, and insists upon the witnesses 
being Jerviswood s relations ; and if he be not 
punished, no man can ; the conspiracy is a 
cheat, the king s judges murderers, and the 
witnesses knaves, and such as have died, mar 
tyrs. He goes on to aggravate the designed 
invasion and civil war which would ensue, 
and most calumniously insinuates, that the 
pannel was privy to Burn s design to kill 
the king: whereas the reader will observe 
in Burn s deposition, that Jerviswood was 
with them merely about the money to be 
transmitted to Holland. He reproaches 
him with being nephew and son-in-law to 
the lord Wariston, which, I believe, Jervis 
wood reckoned a great honour and happiness, 
and alleges he was ringleader in Scotland, 
and guilty of treason as much asBlackwood, 
whom he might have been ashamed to 

Then the probation is summed up with 
much cunning, and many stretches. Among 
other things he alleges Mr Carstairs friend 
ship for Mr Bailie, as an argument of the 
truth of his deposition, which was emitted 
when he knew it was to be used against 
Jerviswood. After what hath been narrated, 
the reader will very much question the 
truth of this, Mr Carstairs provided ex 
pressly against it, and unless he knew the 
people about him to be faithless and villan- 
ous, he could not know this. He insists 
again upon the clearness of the probation, 
that Jerviswood was accessory to Argyle s 
design of invading his country, and adduces 
Rathillet s case, wherein he says, there 
was but one witness, and that of two men 
before the circuit at Glasgow, against whom 
there were no witnesses of their killing 
two of the guard, but only their not dis 
claiming the guilt, and putting the court on 
proof; and urges Duchal s case, and says, 
if a gentleman was lately found guilty oi 
high treason, by the opinion of all the 
lords of the session, for not revealing that 
Sir John Cochran sought fifty pounds 
terling from him, though he refused the 
same, and though he believed it was sought 
br a charitable subsistence, what deserves 
;his pannel who sought thirty thousand 
)ounds sterling? thus we see precedents 
made of their own iniquitous and unpre- 





cedented practices. The advocate 

closes all by showing, he insisted not 
so much upon this probation to convince the 
assize, as the world, that there was a con 
spiracy ; and indeed this speech seems con 
trived on purpose to stretch every thing 
against Jer vis wood. 

I wish I could give as good an account 
of the moving speech Mr Bailie had to the 
inquest, and the home thrusts he gave the 
advocate ; but I can only say, he appealed 
to the advocate s conscience, whether he 
was not satisfied as to his innocence, and 
had not owned so much to himself; which 
the other acknowledged, but added, he 
acted now by order from the government ; 
and to the advocate and judges, he, like a 
dying man, most pathetically disclaimed 
any access to, or knowledge of any design 
against the king or his brother s life ; but 
added, if his life must go for his essays to 
prevent a popish succession, he owned 
them, and heartily parted with his life as a 
testimony against a papist s mounting the 

When all this is over, the assize are 
ordered to inclose, and bring in their verdict 
to-morrow by nine of the clock; which 
was done, and is as follows. " The assize 
in one voice finds the crimes of art and part 
in the conspiracy and plot libelled, and of 
concealing and not revealing the same, 
clearly proven against Mr Robert Bailie 
the pannel, in respect of depositions of 
witnesses and adminicles adduced. 

" STRATHMORE, Chancel." 

Upon the opening of the verdict, " the 
lords decerned and adjudged the said Mr 
Robert Bailie of Jerviswood, to be taken 
to the market-cross of Edinburgh, this 24th 
day of December, betwixt two and four in 
the afternoon, and there to be hanged on a 
gibbet till he be dead, and his head to be 
cut off, and his body to be quartered in 
four, and his head to be affixed upon the 
nether-bow port of Edinburgh, one of his 
quarters on the tolbooth of Jedburgh, 
another on the tolbooth of Lanark, a third 
on the tolbooth of Ayr, and a fourth on 
the tolbooth of Glasgow, and ordain his 
name, fame, memory, and honours, to be 
extinct, his blood to be tainted, &c. as in 

common form ; which was pronounced for 

Thus this saint of God is hasted away to 
his Father s house. In two days time they 
begin and end his process, and executed him 
as if they had been in fears of being pre 
vented by a natural death. His carriage 
was most sedate, courageous, and Christian, 
after his sentence, and during the few hours 
he had to live. And at his execution he 
was in the greatest serenity of soul possible 
almost for a person on this side of heaven, 
though extremely low in his body. He pre 
pared a speech to have delivered on the 
scaffold, but was hindered. Under the 
prospect of this he left copies with his 
friends, and it deserves a room here, as con 
taining a short and distinct view of his 

The last speech of Mr Robert Bailie of 
Jerviswood, who died at the cross of 
Edinburgh, December 2th y 1684. 
" Having received such usage as I have 
done, and having got so short time, it can 
not be expected from me in reason that I 
should say much. Only for my own vin 
dication, and the vindication of my religion, 
I do testify and declare in the sight of the 
omniscient God, and as I hope for mercy 
on the day of Christ s appearance, that I 
was never conscious to any conspiracy 
against the life of his sacred majesty, or 
the life of his royal highness the duke of 
Albany and York, or the life of any other 
person whatsomever. That I was never 
conscious to any plot in any of the nations, 
for the overthrow and subversion of the 
government ; and that I designed nothing 
in all my public appearances, which have 
been few, but the preservation of the pro- 
testant religion, the safety of his majesty s 
person, the continuation of our ancient go 
vernment upon the foundations of justice 
and righteousness, the redressing of our 
just grievances by king and parliament, the 
relieving of the oppressed, and putting a 
stop to the shedding of blood. As for my 
principles with relation to government, they 
are such, as I ought not to be ashamed of, 
being consonant to the word of God, the 
confessions of faith of the reformed churches, 
the rules of policy, reason, and humanity. 




" I die a member of the church of Scot 
land, as it was constitute in its best and 
purest time under presbytery, judging that 
form of government most conducing to piety 
and godliness, and most suitable for this na 
tion. I die a hater of popish idolatry and 
superstition. The faint zeal I have had 
against popery, and for the preservation of 
the protestant religion in this nation, hath 
brought me to this condition. I am very 
apprehensive popish idolatry will be the 
plague of Scotland. God open the eyes of 
his people, to consider the hazard they are 
in of popery. It seems the generation is 
fitted for it, and all the engines of heJl have 
been made use of to debauch the consciences 
of people, that they may be fitted for idola 
try and superstition. Men are compelled 
to take contradictory oaths, that they may 
believe things that have a contradiction in 

" I know I will not be allowed to speak 
what I would, and therefore I will say little. 
I bless God this day, that I know whom I 
have believed, and to whom I have com 
mitted my soul as unto a faithful keeper. 
1 know I am going to my God and chief 
joy. My soul blesseth God and rejoiceth 
in him, that death cannot separate betwixt 
me and my God. [ leave my wife and 
children upon the compassionate and mer 
ciful heart of my God, having many reiter 
ated assurances that God will be my God, 
and the portion of mine. I bless and adore 
my God, that death for a long time hath 
been no terror to me, but rather much de 
sired ; and that my blessed Jesus hath taken 
the sting out of it, and made it a bed of 
roses to all that have laid hold on him by 
faith, which worketh by love. 

" My soul bleeds for the deplorable condi 
tion of the church of Scotland ; we are los 
ing the gospel, having fallen from our first 
love and zeal, therefore God is threatening 
to spew us out of his mouth. Oh that my 
blood might contribute in the least to awak 
en the remnant to do their first works, and 
might contribute to establish any of his in 
the ways of holiness and righteousness. 1 
have had sharp sufferings for a considerable 
time, and yet I must say, to the commen 
dation of the grace of God, my suffering 
time hath been my best time; and when 

my sufferings have been sharpest, my g ^ 
spiritual joys and consolations have 
jeen greatest. Let none be afraid of the cross 
of Christ, his cross is our greatest glory. Let 
all who love God in sincerity, prepare for the 
hardest of suffering, for fire and gibbets ; 
the aversion that is in all to the cross of 
Christ, is the bane of our professors. I am 
much afraid, that Christ will be put to open 
shame in Scotland, and will be crucified 
afresh, and his precious blood accounted 
unholy and polluted, and that Christ, in 
his members, may be buried for a while in 
the nation ; yet I have good ground of hope 
to believe, that the Sun of righteousness 
will yet shine again, with healing under his 
wings. Oh that God would awaken his 
remnant while it is to-day, that they may 
consider what belongs to their peace. Woe 
will be to them that are instrumental to 
banish Christ out of the land, and blessed 
are they who are instrumental, by a gospel 
conversation, and continual wrestling with 
God, to keep Christ in the nation. He is 
the glory of a land, and if we could but love 
him, he could not part with us. Woe be to 
them that would rather banish Christ out 
of the land than love him. God pour out 
his Spirit plenteously on his poor remnant, 
that they may give God no rest till he make 
his Jerusalem the joy and praise of the 
whole earth. 

" I have no more time, but they who love 
God I hope have minded me in my affliction, 
and do mind me now, and will mind my 
wife and children. I go with joy to him 
who is the joy and bridegroom of my soul, 
to him who is the Saviour and Redeemer of 
my soul. I go with rejoicing to the God of 
my life, to my portion and inheritance, to 
the husband of my soul. Come, LORD."* 

* " The character of Jerviswood was very 
high. Dr Owen, who was acquainted with him, 
said to a friend : You have truly men of great 
spirits in Scotland ; there is for a gentleman, Mr 
Bailie of Jerviswood, a person of the greatest 
abilities I ever almost met with. And says 
Bishop Burnet, giving an account of him, thus 
a learned and worthy gentleman, after twenty 
months hard usage, was brought to such a death, 
in away so full in all the steps of it, of the spirit 
and practice of the courts of the inquisition, that 
one is tempted to think that the steps taken in 
it were suggested by one well studied if not 
practised jn them. " Scots Worthies, p. 443. 
Glas. edit. 1828. Ed. 





I have several circumstances of this 

excellent person s carriage, during 
the trial and execution, too large to be insert 
here. When his sentence was intimated, he 
said, " my lords, the time is short, the sentence 
is sharp, but I thank my God who hath made 
me as fit to die, as ye are to live." When 
sent back to his room in the prison, after 
sentence, he leaned over on the bed, and 
fell into a wonderful rapture of joy, from 
the assurance he had, that in a few hours 
he would be inconceivably happy. Being, 
after a little silence, asked how he was, he 
answered, " Never better, and in a few hours 
I ll be well beyond all conception ; they are 
going to send me in pieces and quarters 
through the country; they may hag and 
hew my body as they please, but I know 
assuredly nothing shall be lost, but all these 
my members shall be wonderfully gathered, 
and made like Christ s glorious body." 
When at the scaffold, he was notable to go 
up the ladder without support. When on 
it, he said, "My faint zeal for the protes- 
tant religion has brought me to this end ;" 
and the drums interrupted him. Their spite 
against his body was very great, and I am 
told the quarters of it lay in the thieves- 
hole for three weeks, before they w r ere 
placed as in the sentence.* 

* In the addenda to Wodrow s History, in 
serted by the author at the commencement of 
vol. ii. of the first edition, we have the following 
particulars regarding Jerviswood : After the 
case of that singular person Mr Bailie of Jer 
viswood was printed off, I received a narrative 
of some further circumstances of his trial from 
a worthy friend of mine who was present, and 
a mournful spectator. What passed made so 
deep impression upon him, that he is distinct as 
to the very words and phrases that were used, 
and I thought they deserved a room here. 

"Jerviswood being much indisposed, came to 
the bar of the justiciary in his night-gown, at 
tended by his sister, who several times gave him 
cordials, he being so ill as he was obliged to sit 
down on a stool. He heard all very patiently; 
only when was reading his long narra 

tive, Jerviswood would now and then look up 
wards, and hold up his hands. When the 
declarations and affidavits that came from Eng 
land were read, he appeared to be in some 
concern, said, Oh, oh ! staring upon the 
king s advocate. But when the advocate, in his 
discourse to the assize, insisted on those declara 
tions and affidavits, and enlarged more fully 
upoa them than in the speech he caused print 
in Jerviswood s trial, then Jerviswood stared 
him very broad, and appeared to be very much 
troubled. After the advocate had ended his 
discourse, Jerviswood desired liberty of the earl 

There are some other noblemen and gen 
tlemen 1 meet with this year in the council- 
registers, attacked for the plot, as the earl 
of Tarras, who, as we have heard, was in 
dicted before he was made use of as a wit 
ness against Jerviswood, and the laird of 
Polwart, since the revolution chancellor 

of Linlithgow to speak a few words, not being 
able to say much because of his great weakness. 
Which being granted, he spake to this purpose : 
That the sickness now upon him in all human 
appearance would soon prove mortal, and he 
could riot live many days; but he found he was 
intended for a public sacrifice in his life and 
estate ; that he would say nothing as to the jus 
tice of their lordships interlocutor, and was 
sorry his trial had given them so much and long 
trouble, by staying so long in the court, it being 
then past midnight. And then addressed him 
self to the assize, telling them, he doubted not, 
but they would act as men of honour ; that there 
were hard things in the depositions of the wit 
nesses against him, which was to be their rule, 
and that nothing he could say was to prevail with 
them ; yet for the exoneration of his own con 
science, and that his poor memory and family 
might not suffer unjustly, he behoved to say, 
that the most material witnesses were correspon 
dents, and life might be precious to some ; that 
one of them was very happy in a memory, yet 
be was sure there were some things said to be 
spoken in a meeting where he was, which, he 
was positive, were not at least while he was 
there ; withal he most heartily forgave them. 
But there is one thing, says he, which vexes me 
extremely, and wherein 1 am injured to the ut 
most degree, and that is for a plot to cut off the 
king and his royal highness, and that I sat up 
nights to form a declaration to palliate or justify 
such a villany. I am in probability to appear, 
in some hours, before the tribunal of the Great 
Judge, and, in presence of your lordships and all 
here, I solemnly declare, that never was I 
prompted, or privy to any such thing, and that 
I abhor and detest all thoughts or principles tor 
touching the life and blood of his sacred majesty, 
or his royal brother. 1 was ever for monarchi 
cal government. And then looking directly 
upon the king s advocate, he said, My lord, I 
think it very strange you charge me with such 
abominable things; you may remember, that 
when you came to me in prison, you told me 
such things were laid to my charge, but that 
you did not believe them. How then, my lord, 
come you to lay such a stain upon me, with so 
much violence? are you now convinced in your 
conscience, that 1 am more guilty than before? 
You may remember what passed betwixt us in 
prison. The whole audience fixed their eyes 
upon the advocate, who appeared in no small 
confusion, and said, * Jerviswood, I own what 
you say, my thoughts there were as a private 
man ; but what I say here is by special direction 
of the privy council ; and, pointing to Sir 
William Paterson, clerk, added, he knows iny 
orders. Well, says Jerviswood, if your 
lordship have one conscience for yourself, and 
another for the council, I pray God forgive you, 
I do. And turning to the justice-general, he 
said, my lord, I trouble your lordships no 
further. " Ed. 




of Scotland, and king s commissioner, and 
Pringle of Torvvoodlie, and some others ; 
but their processes not being brought to an 
issue till next year, I reserve them till then, 
that we may have a full view of all which 
concerns them. 

SECT. v. 

Of the Procedure at the Circuit-courts, 
October, 1684. 

HAVING given a pretty large account of 
the procedure of the council and justiciary 
this year, and their processes against many 
] aitieular noblemen, gentlemen, ministers, 
aiid others, it remains that I consider the 
more extensive oppression of the western 
and southern shires, by the circuit-courts at 
Glasgow, Ayr, Dumfries, and Wigtoun, to 
wards the end of this year; and the exor 
bitant fines imposed upon many gentlemen 
after those, will afford matter for another 
section by itself. I shall here resume no 
thing of the general forms and methods used 
before and at those arbitrary courts, these 
having been narrated on the former years ; 
but I shall, from the registers, give their 
commission and instructions, and some view 
of their severities from written accounts 
come to my hands, which may be depended 
on, and indeed contain but a very small part 
of the hardships they put upon people who 
came before them ; but these are all I can 
now glean up at this distance of time, there 
being no registers of these itinerant courts, 
that I can meet with. 

Those circuits, we see, come about an 
nually, and, generally speaking, they are in 
the recess of session and justiciary, in the 
harvest quarter, when the managers took 
the diversion of the country, and they were 
very careful to fill up that part of the year 
in carrying on the persecution, which, dur 
ing the rest of the months, they managed at 
Edinburgh. In August, these courts were 
agreed upon at London, upon application 
from the bishops and managers here; and, 
September 6th, the king s letter is read, or 
dering the council to appoint the following 
commission to be given to the underwritten 
persons in their several districts. The 
commission rung just in the terms of the 
king s letter, which therefore it is needless 


to insert, and I only take in 
commission and instructions. 



Commission for Justiciary, and instructions, 

September 6th, 1684. 

" Charles, &c. to all and sundry our lieges 
and subjects whom it effeirs, greeting : for 
asmuch as, albeit the many endeavours used 
by us to reclaim the disaffected and disor 
derly people, in several of the western and 
southern shires of this our kingdom, have 
not been so effectual as the gentleness of 
our government, and the interest of all con 
cerned gave us ground to hope ; but on the 
contrary, they continue in rebellious con 
vocations, and seditious conventicles, and 
other disorderly practices, without any 
competent endeavours used by those con 
cerned in the several shires, either conform 
to our standing laws or late proclamations : 
yet we being still resolved to prosecute all 
just means for securing our royal power, 
and the safety of our people, have thought 
expedient, that before more severe remedies 
be tried, with advice of the lords of our 
privy council, hereby to empower some of 
our privy council to go to several shires and 
places. And particularly the duke of 
Hamilton, our treasurer- depute, and jus 
tice-clerk, to the shires of Clydesdale, Ren 
frew, and Dumbarton ; the earl of Marr, 
lord Livingstone, and lieutenant-general 
Drumrnond, to the shire of Ayr ; our trea 
surer-principal, the lord Drumlanark, and 
colonel Graham of Claverhouse,to Dumfries 
and Wigton, and the stewai tries of Annan- 
dale and Kirkcudbright; the earl of Bal- 
carras, lord Tester, William Hay of Drum- 
elzier, to the shires of Roxburgh, Selkirk, 
Peebles, and Merse. With full power to 
them, or any two of them, within the shires 
and districts foresaid, to act as commission 
ers of our justiciary, in all matters criminal ; 
and for that effect, to affix and hold crimi 
nal courts, create clerks, call assizes, &c. 
(as in former commissions above insert,) 
as fully as the commissioners of our justi 
ciary have done, or may do. And to the 
effect, the design of this commission against 
disorderly and irregular persons may be the 
better prosecute, we do empower them to 
hold courts, and in these courts to call and 
convene all persons guilty of conventicles, 



[BOOK 111. 

1684 withdrawin 8" fr om public ordinances, 
disorderly baptisms and marriag-es, 
and such like disorders and irregularities ; 
and to take their oath, examine witnesses 
against them, pronounce sentences, and the 
same to due execution cause be put, by im 
prisonment, or other legal diligence, con 
form to the laws of this realm. And gen 
erally to act and do conform to the tenor of 
the instructions herewith given by us, or 
which shall hereafter be given by us, our 
privy council, or secret committee of our 
privy council, as fully and freely in all res 
pects as a quorum of our privy council, if 
they were present. All persons are ordered 
to attend the lords justices, as in common 
form ; and this commission to endure till 
the first of December next, unless we think 
fit to prorogate the same. Given under our 
signet at Edinburgh, September Cth, 1684." 

Follow instructions upon the foresaid com 

Charles 11. 1. You shall disarm all 
heritors who have not taken the test, and 
all the commons, excepting the militia ; and 
if any shall conceal arms, or refuse to de 
pone thereupon, when by you required, 
you shall fine the heritors in one year s 
rent, the tenants in one year s rent of their 
respective farms; the servants, and cottars, 
and tradesmen, are to be fined according to 
their substance. 

" 2. You are to follow such instructions 
as we or our privy council shall give you, 
as to the value of horses, and the persons 
to whom they are to be allowed within the 

"3. You shall seize all preachers,chaplains, 
or such as exercise as chaplains, who are j 
not authorized by the bishops, and send 
them to our privy council to be disposed of j 
as they think fit and see cause. 

" 4. You shall punish, according to law, 
all persons guilty of ecclesiastic disorders, 
either men or women, and you shall put 
our proclamations, especially that of the 
day of , in execution, 

against all who are guilty of conventicles, 
or concerned in them, as concealers and 
not discoverers, negligent heritors, sheriffs, 
bailies, and other magistrates or heritors of 
the place, where they are kept, or other 

wise concerned by our laws and proclama 
tions, according to the tenor thereof; and 
the husbands of such wives as are guilty, 
and have not done their endeavours in terms 
of our letter, bearing date the day 


" 5. You shall give account to our secret 
committee, of all persons who have fled from 
their habitations, whether by retiring out 
of the kingdom, or removing to other places 
to evite just sentences. 

"6. You shall examine the indulged min 
isters on their instructions, and remove such 
as have transgressed, and imprison them till 
they find security not to preach or exercise 
any part of the ministerial office, or other 
wise to remove from our three kingdoms, 
under caution not to return without special 
allowance from us or our privy council ; 
and such as refuse to find caution in man 
ner foresaid, you shall send them in prison 
ers to our privy council, or their committee 
at Edinburgh. 

" 7. You shall diligently search for the 
heritors, inciters, promoters, or concurrers 
to the late rebellions, the intercommuners 
with such, or resetters of them, and others, 
not heritors, guilty of the said crimes, since 
July 1st, 1683. 

" 8. You shall stop and secure all pedlars 
who have not passes, according to the tenor 
of our last proclamation, and secure them 
till they find caution for their good behavi 

" 9. You shall stop all posts who carry 
letters, except such who are allowed by our 
post-master general. 

" 10. You shall commune with rebels, to 
bring them to obedience, upon their address 
for pardon, and you shall acquaint our se 
cret committee with their proposals, and 
what passes betwixt you and them ; arid in 
order thereunto, you are allowed to give 
them safe conducts. 

"11. You shall command the forces as 
signed to you by our privy council, accord 
ing to the necessity of our service. 

" 12. You shall turn out all the wives and 
children of the forfeited persons and fugi 
tives, from their habitations, if it shall ap 
pear that they have conversed with their 
parents or husbands, or if they shall refuse 
to vindicate themselves by their oaths. 

CHAP. Vlll.] 



" 13. You shall inquire what quarters 
are unpaid by the soldiers in your several 
districts, and take care payment be made 
for bygones, and in time to come. 

" 14. You are to examine what money 
has been collected by any body within your 
districts, and not counted for. 

" 15. You shall take care, that decreets 
for fines, for ecclesiastic disorders, be put in 
execution, as shall be prescribed by our 
privy council. 

" 16. You shall be assisting to our regu 
lar clergy, in bringing people to obedience, 
in settling church-sessions ; and if any com 
plaint be made of any of the regular clergy, 
you are to recommend the punishment and 
censure thereof, to our bishops, or judges 

" 17. If you find any part of the country 
stubborn or contumacious, you shall impose 
such fines upon them as the law will allow; 
and in case of not payment thereof, and 
that you think it fit, you are immediately 
to quarter our forces on the stubborn and 
contumacious, until the fines imposed shall 
be exhausted by them. 

" 1 8. You are to keep good and constant 
correspondence among yourselves ; and if it 
shall happen that any man shall flee from 
one district to another, when you are ad 
vertised thereof, you shall immediately 
cause the fugitive to be apprehended, and 
you shall send him to the district from 
whence he fled, to be judged by the com 
missioners there, or else sent by them to 
Edinburgh, as they shall think fit. 

" 19. You shall acquaint any of the neigh 
bouring jurisdictions to which any of the 
rebels shall flee, to the end they may assist 
to apprehend them ; and if, in pursuit of 
those, it shall be convenient for you to go 
out of your district, or to send parties out 
of the same, the magistrates are hereby re 
quired to obey and assist you, as they will 
be answerable, 

" 20. You shall suffer no man to travel 
with arms, excepting gentlemen of known 
loyalty, who have taken the test ; and no 
yeoman to travel three miles from his own 
house, without a pass from his minister, or 
a commissioner of the excise. 

"21. You are to call for all or any part 
of the heritors, as often and where you shall 

find it needful for our service, who 
are hereby ordered to obey, under 
the pains of being punished as absents from 
our host. 

"22. You shall put in execution the 
power of justiciary to be granted unto you 
by our privy council, with all rigour, by 
using fire and sword, as is usual in such 
cases ; and we do empower our privy coun 
cil to insert an indemnity to you, or any 
employed by you, for what shall be done in 
the execution thereof. 

" 23. You are hereby empowered to give 
the oath of allegiance to such persons with 
in your districts, as you shall have reason to 
suspect; and in case of refusal, you shall 
banish them to the plantations, whether 
men or women. 

" 24. If you shall be informed, that any 
within your district shall deny our authority, 
or their bond of allegiance to us, you shall 
inquire therein, apprehend the persons, and 
either judge them upon the place, or send 
them into Edinburgh, as you find most ex 

"25. You shall call for, and dispose of 
the militia, as you find most fit for our ser 

" 26. You shall inquire how the ordinary 
magistrates have carried in our service, and 
inform the privy council thereof. 

" 27. You shall report to the secret com 
mittee of our privy council, such proposi 
tions as the shires within your district shall 
make to you for our service. 

" 28. You are to obey such orders as you 
shall receive from us, or our privy council, 
or secret committee thereof, from time to 
time ; and you are also hereby authorized 
to forbear the execution of any of the ar 
ticles of these instructions, if you shall see 
cause for the same. 

" For doing of which these presents shall 
be to you, and all others who may be res 
pectively concerned, a sufficient warrant. 
Given under our royal hand and signet, at 
our court at Windsor castle, the 26th day 
of August 1684, and of our reign the thirty 
sixth year." 

" By his majesty s command, 


It was the month of October before this 





terrible circuit sat down in their dif 

ferent districts. Those ample powers, 
and a liberty to cut and carve in them as 
they saw good, let us see what an arbitrary 
and absolute government Scotland was now 
under. Life, liberty, and every thing- is left 
in the managers hands. If they pleased to 
have mercy on the poor harassed country, 
the king allowed them, and if not, their in 
structions carry them even to fire and sword. 
To pave the way for their work, or at 
least to prevent the poor sufferers getting 
off the kingdom, and to discover such as re 
mained in it, two proclamations are emitted 
in September ; the first bears the date, Sep 
tember 1 5th, ordering the oaths of all the 
masters of ships, or vessels going off the 
kingdom, to be taken, as to their passengers, 
which I have insert* This needs no ob 
servation upon it. No question, it was 
levelled against the persecuted party prin 
cipally; a new circuit was very justly 
frightsome to them from their experience 
of the severities of the former. They are 
not suffered to live |at home, and now are 
stopped from retiring to foreign countries, 
where they might be free from being 

* Proclamation for the oaths of masters of vessels, 

September loth, 1684. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith : to our lyon king at arms, and his brethren, 
heralds, macers of our privy council, pursui 
vants, or messengers at arms, our sheriffs in that 
part, conjunctly and severally, specially consti 
tute, greeting. Forasmuch as, many wicked and 
rebellious persons, being conscious of their own 
guilt, have fled from this kingdom, into foreign 
kingdoms or countries, where they continue to 
carry on their traitorous and hellish designs 
against our sacred person, and the government of 
this our realm, by corresponding and keeping of 
intelligence with their rebellious accomplices, 
lurking within this kingdom ; therefore, and for 
preventing of the said designs as much as can be, 
we, with advice of the lords of our privy coun 
cil, do hereby require and command all masters 
of ships, going from this kingdom or returning 
to the same, to present all and every one of their 
passengers upon oath, to the several persons to 
be named by the customers in the several pre 
cincts following, riz. all masters of ships, barks, 
boats, or other vessels, going from or returning 
to any place within the precincts of the custom- 
office of Leith and Prestonpans, to the collector 
there for the time; all within the precinct of the 
custom of Borrowstonness, to the collectors there 
for the time ; those of the precinct of Kirkaldy, 
to the collectors there for the time ; those of the 
precinct of Montrose, to the collectors there for 
the time ; those of the precinct of Aberdeen, to 
the collectors there for the time ; those of the 

butchered in cold blood. And, September 
16th, another proclamation is emitted, 
discharging all persons vvhatsomever, to 

precinct of Inverness, to the collectors there fin 
the time; those of the precinct of Portpatrick, 
to the collectors there for the time ; those of the 
precinct of Ayr, to the collectors there for the 
time ; those of the precinct of Irvine, to the 
collectors there for the time; and those of the 
precinct of Port- Glasgow, to the collectors there, 
lor whom the tarksmen and customers are to be 
answerable. Declaring hereby, that whatever 
master of ship, bark, boar, or vessel, shall do in 
the contrary, shall lose his whole goods, (the one 
half to the informer, and the other halt to us) 
his person shall be imprisoned, and he declared 
incapable to be a master of a ship, bark, or other 
vessel, hereafter. And if any of the said masters 
of ships, or other vessels foresaid, shall import 
to this kingdom, any traitors, rebels, fugitives, 
intercommuned or banished persons, it is hereby 
declared, they shall be liable therefore, conform 
to the laws and acts of parliament, and procla 
mations made against resellers of rebels ; requir 
ing also the persons above-mentioned, authorized 
to take the said oath, to give an exact account of 
their diligence, the first Tuesday of every month, 
to the clerks of our privy council : an*d we do 
hereby require and command the collectors and 
clerks of our several custom-offices, to accept of 
no report inward, from any master of a ship, 
bark, boat, or other vessel, and the keepers of 
the cocquet-office not to give out the same to any 
such master outward bound, until he receive 
testificate from the persons above-written, au 
thorized as said is,withintvhose precinct any such 
ship, bark, boat, or other vessel is, that he has 
made faith anent his passengers, as aforesaid, 
and that he neither hath, had, nor has any 
other passengers from abroad, nor outward 
bound, than these mentioned in his oath, as they 
will be answerable at their highest peril. And 
further, declaring, that the master and owner 
shall lose the ship, boat, bark, or vessel and 
goods, in which any person, not given up as 
said is, shall be in-brought unto this kingdom, 
or transported forth hereof; and that all magi 
strates of burghs of royalty or regality, and 
heritors on whose ground such persons shall be 
landed, are to be liable and punished therefore, 
as our privy council sball think fit, in case they 
do not diligence to prevent the same, or appre 
hend the persons so landed. And to the effect 
our pleasure in the premises may be known to 
ail persons concerned, our will is, and we charge 
you strictly and command, that incontinent, 
these our letters seen, ye pass to the market- 
cross of Edinburgh, and the remarient market- 
crosses of the head burghs of this kingdom, and 
other places needful, and thereJit, in our name 
and authority, by open proclamation, make 
publication of the premises, that all persons 
concerned may have notice thereof, and give 
punctual and exact obedience thereto. 
Given under our signet at Edinburgh the 
fifteenth day of September, one thousand six 
hundred eighty and four, and of our reign the 
thirty sixth year. 

Per actuni dominorum secreli concilii. 

WILU PATERSON, Cl. Seer. Concilii. 
God save the king. 




travel from one shire to another without a 
pass. It is but short, and 1 have added it.* 
All travellers must have a pass from some 
persons in the g-overnment. And the pre 
text is, to hinder persons from carrying 
false news from one part of the country to 
another. I am not so far master of the 
intrigues now on foot, as to make reflections 
that perhaps might be natural enough here. 
As the former was a check and damp upon 
trade and commerce, so this is a plain 
encroachment upon the liberty of the sub 
ject, in going and coming from one place 
to another, and a kind of imprisoning the 
lieges at large, without any just reason 
given. That of spreading false news is 

* Proclamation for passes, September 16th, 1684. 
Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith : to our lyon king at arms, and his 
Brethren, heralds, macers of our privy council, 
pursuivants, or messengers at arms, our sheriffs 
in that part, conjunct! y and severally, specially 
constitute, greeting : forasmuch as we, having 
thought fit to commissionate some of our privy 
council, to go to the southern and western shires 
of this kingdom, for suppressing and punishing 
disorders there, and we being resolved to prevent 
the travelling of skulking and vagrant persons, 
and others disaffected to our government, in the 
said shires, during the abode of our commission 
ers there, for carrying of false news, and other 
wicked purposes, do therefore, with advice of 
the lords of our privy council, hereby strictly 
prohibit and discharge all our subjects, of what 
quality soever, to go out of one jurisdiction to 
another, in the said southern and western shires, 
without a pass from one of our privy counsellors, 
our said commissioners, or the sheriffs, bailiffs, 
magistrates of burghs, commissioners of excise, 
or justices of peace of the jurisdiction from 
whence they came, or any one of them, under 
the pain of being punished as persons disaffected 
to our government. And we hereby require the 
several magistrates foresaid, to apprehend and 
secure any person coming within their respective 
jurisdictions, without having a pass, as said is, 
until the return of our said commissioners, as 
they will be answerable. Our will is herefcre, 
and we charge you strictly and command, that 
incontinent, these our letters seen, you pass to 
the market-cross of Edinburgh, and remanent 
market-crosses of the head burghs of the western 
and southern shires of this kingdom, and other 
places needful, and there, by open proclamation, 
make publication of the premises, that all 
persons concerned may have notice, thereof, and 
give obedience thereto, as they will be answer 

Given under our signet, at Edinburgh, the six 
teenth day of September, one thousand six 
hundred and eighty four, and of our reign 
the thirtieth and sixth year. 

Per actum dominorum seer eti concilii. 

WILL. PATKRSON, Cl. Seer. Concilii. 
God save the kin<r. 

| evidently frivolous, and evei^ body 
| may see these might be spread by 
letters. The true design seems to have 
been, to be a preface to more general impo 
sitions on the subject, as we shall after 
ward hear, to prevent suffering people re 
tiring from the fury of the circuits, to be a 
new colour to the soldiers, and to oppress 
poor people the more. I wonder the pro 
clamation does not empower the bishops 
arid orthodox clergy to give passes. The 
instructions to the commissioners seem to 
suppose some such passes, but, it seems, the 
council do not find it needful to intrust 

Before the meeting of the circuit or jus 
ticiary, the council by their clerk order the 
shire of Stirling with its jurisdictions, pro 
liac vice, to be adjoined to the jurisdiction 
of Glasgow, to save the lords the trouble, 
as I suppose, of leaving Glasgow. I observe 
nothing of this in the records, but it ap 
pears by an original warrant, from the clerk 
of council to the sheriff-depute of Stirling 
to this effect, in my hands, which, because 
it gives us some view of the preparations 
and care taken to ripen matters for the 
circuit, and of the willing share the clergy 
were to have in this, I have insert here. 
Its date is not expressed, and is indorsed. 

Warrant to the Sheriff-depute of the shire 

of Stirling, 168-k 
" Sheriff-depute of Stirling, 

" Forasmuch as his majesty, by a letter 
under his own royal hand, hath been pleas 
ed to adjoin the shire of Stirling, and the 
jurisdiction thereunto belonging, whether 
of royalty or regality, to the district of 
Glasgow, you are therefore ordered to cite 
and advertise all the king s vassals, and 
other considerable gentlemen holding of 
other superiors within the said shire, and 
jurisdictions and regalities within the same, 
to compear before the lords of his majesty s 
privy council, at Glasgow the 14th day of 
October instant, by nine of the clock, and 
there to attend the said lords, and receive 
such orders and directions for his majesty s 
service, as shall be thought expedient. You 
are likewise to advertise all the ministers 
within your shire, that they attend the said 
lords at Glasgow the foresaid day, and that 




they come prepared to give in to the 
* saidlords,exactlists,upon which they 
are to make faith as to all irregular persons, 
withdrawers from the church-ordinances,and 
all suspect and disaffected persons to his ma 
jesty s government in church and state, so 
far as it consists with their knowledge, as 
also a list of all such persons, as they be 
lieve, can give best information anent the pre 
mises. As likewise you are to cite the haill 
elders of kirk sessions, their clerk and bea 
dle, to depone upon the forementioned par 
ticulars the said day and place. And par 
ticularly, you are to cite the magistrates of 
the town of Stirling, to appear before the 
said lords at the above-written time, and 
particularly to depone anent the foremen 
tioned particulars, and to bring alongst 
with them an exact list of the haill heri 
tors who stand infeft in lands within their 
burgh. And in this you nor any of the 
forementioned persons are not to fail as you 
and they will be answerable. Extracted 
by me, Sir William Paterson, clerk to his 
majesty s most honourable privy council. 
" WILL. PATERSON Cl. Seer. Cone." 

From this and what goes before we may 
learn, that these courts had both a council 
and justiciary power, and had a vast com 
pass of affairs before them. We shall find 
afterwards, this shire came to Glasgow, and 
gave ample proofs of their loyalty and sub 
mission to the king s orders. 

What were the precise days upon which 
these courts, ordinarily called circuits, 
though different a little from these in the 
former years, met, 1 cannot say, further 
than the dates of some papers in the regis 
ters, and others come to my hand, show. 
It would seem that court at Jedburgh met 
toward the beginning of October, for I find 
a letter directed to them, and the rest, from 
the committee of public affairs, October 9th, 
which will give some more light about them. 
This I give from the registers of council. 

October 9th, 1G84, sederunt the com 
mittee for public affairs, upon the report of 
the commission, at Jedburgh, and for the 
western districts, the lords did send the fol 
lowing letter, a copy whereof was ordered 
to be sent to the rest of the districts for the 
rule of their procedure. 


" The committee of council being very 
frequent, 1 did propose to them your two 
queries : In answer to the first whereof, it 
is all our opinions, that if the defenders, 
called before you as counsellors, be person 
ally cited, they may be holden as confes 
sed ; but they cannot unless they be per 
sonally cited, and all that can be done in 
that case is to put them to the horn, which 
will be as great a punishment to them, as 
if they were declared fugitives ; but it will 
not infer any danger to the country by re 
setting them, which is as much to be shun 
ned as can be. And if it be thereafter 
found convenient to hold them as confes 
sed to the end that the king may get a fine 
by holding them as confessed, which may 
be more advisable than the taking of their 
escheat, which is all that can follow upon 
their being put to the horn, then I shall 
cause cite them upon sixty days, as being 
out of the country, but let not that stop 
your diligence ; in which case they will be 
holden as confessed, though not personally 
cited. It is likewise their opinion, you 
should proceed against all sheriff-deputes 
who have malversed, and that you should 
punish them exemplarily to the terror 
of others, and to the end that people 
may see that you are come there to protect 
honest men, as well as to punish knaves. 
I am, 

" Your lordships humble servant, 

This letter is a little dark to me, not 
having the queries : but it lets us in to sec 
somewhat of the managers severe designs 
upon gentlemen and others. It is of more 
importance to give an account of a letter 
from the king, read in council, or its com 
mittee, October 12th, which was no doubt 
impetrate by our managers here, as the 
foundation of their imposing exorbitant fines 
upon many gentlemen we shall hear of in 
the next section. The letter follows. 

" Charles R. Right trusty, &c. Whereas we 
find that some of our unnatural and rebellious 
subjects in that our ancientkingdom, do enter 
into plots and conspiracies, the more will 
ingly aud securely, that they think thoir 




guilt cannot be discovered by the deposi 
tions of witnesses, they, for concealing- their 
guilt, industriously using to discourse of 
those matters only with one person alone ; 
and it being easy to cause one or two, who 
might be proving witnesses, to withdraw for 
some time. And seeing it is the great in 
terest of all government, as well as of all 
who desire to live peaceably under it, that 
all subjects should be obliged to fear all 
manner of accession to such horrid crimes, 
as tend to overthrow all society and govern 
ment ; and it being undeniable, that no man 
can complain when judged by his own oath, 
by which he is in less danger, than by any 
probation of any witness whatsomever. 
Therefore thought it necessary to empower, 
and we do hereby authorize and empower 
our advocate to raise process before you, or 
before those who are commissionate to re 
present us, as our privy council, in the 
western and southern shires, against any 
whom you or they shall order, for the said 
crimes of plotting and contriving to rise in 
rebellion, or for intercommuning with, or 
resetting any declared rebels ; and to refer 
their guilt to the oath of the said defenders, 
in so far as may extend to a pecuniary mulct 
or fine allenarly. Declaring hereby, for 
their further security, that if they shall de 
pone upon the guilt so referred to their 
oath, they shall be for ever as secure upon 
the payment of their fine, as if they had a 
remission under our great seal : Whereas, 
if they refuse to depone, we order you to 
hold them as confessed, and to fine them in 
what sums you shall judge to be propor 
tional to their respective guilt and acces 
sion. Which power so granted to you, shall 
only continue in force till the first day of 
April next to come, and is hereby ordained 
to be registrate and recorded in your books, 
to the end that extracts may be given to 
any who shall depone, as said is, this, and 
the decreets to follow thereupon, being to 
them in place of a remission. For all which 
this shall be to you a sufficient warrant. 
Given, &c. September 27th, 1684. 


Such power was formerly granted to the 
council, and now it is renewed to reach he 
ritors, against whom they had no probation ; 

and under the colour of this they put 
the test to them, as what only could J 
purge them of disloyalty and reset. All the 
country was involved necessarily in converse 
with such as had been at Bothwell, and no 
man who feared an oath could swear his own 
freedom from conversing with such ; and by 
this letter they were to be holden as confess 
ed, and guilty if they did not ; and all this is 
imposed under the notion of kindness. One 
who calmly considers such methods and their 
tendency, cannot but reckon them public 
juggling with God and men. 

I come now to give an account of the 
procedure of the lords at each of those 
courts, as far as materials have come to my 
hand. I have nothing remarkable from 
Jedburgh, but that they were severe enough 
in persecution, and frank enough in making 
an offer of cess to the king, as we shall hear 
the rest of the districts did. 

Upon the second of October, Queensberry, 
his son, and Claverhouse, sat down at Dum 
fries, having for their district, Dumfries, 
Galloway, Nithsdale, and Annandale. There 
were nowhere greater irregularities and 
severities committed than at this southern 
court, of which I shall give some instances, 
if once I had taken notice of the addresses 
and offers the heritors were forced into. 
This vast sum the oppressed country was 
clubbed into, and the preparing matters for 
the exorbitant fines, within a little to be ex 
acted, seems to have been the great design 
in those circuits their being sent up and 
down the country. The judges were about 
a month in that district. At Dumfries I 
find the proposal of coming into a large cess 
was made, and left to be thought upon till 
the judges returned, and it was then gone 
into. The particular methods used to bring 
up heritors, probably much the same every 
where, will come in at Ayr and Glasgow. 
All the heritors were called and required to 
take the test, and if any irregularities were 
found charged against any of them, the test 
was offered as a favour, and they behoved 
either to take it presently, or go to prison ; 
and after some stay there, the refusers were 
allowed to give bond and caution to appeal 
and answer at Edinburgh. I do not hear 
of many gentlemen who were present, but 
one way or other they were prevailed upon, 



[13OOK 111. 

G84 exce P* ^ ia ^ e xce Uent and worthy gen 
tleman Mi Hugh Maxwell of Dals- 
winton, who continued afterwards many 
months in prison at Edinburgh, and was most 
iniquitously fined, as we may hear. 

When they were got through the heri 
tors, the commons were called upon by their 
different parishes, and all who would not 
presently depone they were free of hearing 
and baptizing with presbyterian ministers, 
that they had kept their parish church, and 
had not reset or conversed with rebels, fu 
gitives, &c. the men were required instantly 
to take the test, and likewise to swear they 
should never reset, harbour, give meat or 
drink, or show any kindness to any inter- 
communed wandering person, and that upon 
hearing or seeing of any that were or should 
be denounced, or were upon their hiding, 
they should raise the hue and cry ; and if 
they could not apprehend them, they should 
give timeous notice to the next garrison, 
that they might pursue them, or to the 
sheriffs or justices of the peace. The wo 
men, especially through the parishes up and 
down the country, where substitutes were 
sent to make this oppression as extensive 
as possible, had not indeed the test put to 
them, but dreadful oaths formed according 
to the circumstances they were informed to 
be in. For instance, if they were alleged 
to have husbands upon their hiding, they 
are obliged to swear they should not cohabit 
or converse with them, under the pains of 
law; if they had children denounced, that 
they should not harbour or show any kind 
ness to them. The refusers, men and wo 
men, were straight sent to prison, and in 
deed the prisons and guard houses were now 
every where crammed full. 

After some days at Dumfries, the judges 
went to Kirkcudbright, and from that to 
Wigton, where, as far as I can learn, the 
very same methods were fallen upon ; and 
in the meantime particular gentlemen and 
officers of the soldiers, were commissioned 
to go to the country parishes, at distance 
from the towns, which the judges could not 
fully reach : and at those sub-courts, if I 
may call them so, I find it remarked that 
many were obliged to swear over again, 
though they had satisfied the judges. The 
test was offered to the men, and other oaths 

to the women, and all refusers were brought 
into Dumfries prison, against the time the 
judges were to return thither. These sub 
stitutes did not fail to take sums of money, 
to enrol persons, as having satisfied, who 
did not take the test ; and no small sums 
were raised this way. About twenty eight 
prisoners were brought into Dumfries, 
against the return of the judges, who were 
most cruelly treated by the way, and the 
very necessaries of life refused to them. 

No more offers to me from Kirkcudbright 
and Wigton, save the address that was sign 
ed at Kirkcudbright, of which I have an 
account from the registers. Whether there 
was one from Wigton I know not, I have 
seen no accounts of it, if it was not joined 
to Kirkcudbright. By the council books I 
find, October 13th, the committee for pub 
lic affairs, transmit the address from Kirk 
cudbright to the secretary, with the follow 
ing letter. I insert both. 

" My Lord, 

"We have this day received an account 
from my lord treasurer, of the procedure of 
the committee of council, sent to the district 
of Nithsdale and Galloway, here inclosed, 
whereby you will perceive, that by the dili 
gence and influence of the lord treasurer, 
that place is brought to make a cheerful 
offer to his majesty of twenty months cess 
to be paid in four years, beginning at 
Martinmas next, and that by and attour the 
supply granted by the current parliament. 
They have likewise offered themselves to 
be bound for their tenants and servants, 
that they shall walk regularly in time com 
ing. This is a very good example to the 
western and southern shires, so that if they 
can be brought up this length, there may 
be a considerable addition to his majesty s 
forces. The districts of Clydesdale and 
Ayr have already offered six months cess, 
to be paid in two years, of which the lord 
register has no doubt given you an account. 
Your lordship will please to give the duke 
an account of my lord treasurer, lord Drum- 
lanrick, and Claverhouse s diligence in that 
place. We are, 

My lord, &c." 

Follows the tenor of the address sent up. 



To the right honourable William Marquis 
of Queensbcrry lord high treasurer, James 
lord Drumlanrick, and colonel John Gra 
ham of Claverhouse, commissioners of his 
majesty s privy council, for the shires of 
Dumfries, Wigton, Annandale, and Kirk 
cudbright, the humble address of the heri 
tors, wadsetters, and liferenters, within \ 
the stewartry of Kirkcudbright. 

We, undersubscribers, heritors, wad- 
setters, and liferenters, being met by your 
lordships command and allowance, and 
having- considered the representation made 
to us by the lord high treasurer, in name 
of the rest of the commissioners, in relation 
to the present state of affairs, in the south 
ern and western shires ; and considering the 
great obligations that we and all his majesty s 
subjects lie under to our gracious sovereign, 
for the many expressions and acts of his 
goodness and bounty to us : and as we are 
very sensible of the lord high treasurer his 
justice and favour to us on all occasions, 
whereof, in a due recognizance of the same, 
we shall never be unmindful ; so, from the 
representation made to us by his lordship, 
and a due sense of the great happiness this 
nation enjoys, under the government of 
the best of princes, to whose prudent care 
and conduct, next to the providence of 
God, we acknowledge we owe our liberty, 
tranquillity, and peace Ave have had under 
him for many years, while almost all other 
nations about us have been engaged in war. 
As also, that nothing hath stood in the Avay 
of our being the happiest of all people, but 
what had its rise from some disaffected 
persons among ourselves, and their with 
drawing from the public worship, and 
frequenting house and field-conventicles, 
the consequences whereof involved a great 
part of the kingdom in those two unhappy 
rebellions, 1666 and 1679, unto which too 
many in this country had too great an 
accession. And albeit his majesty, from 
such provocations from these who gave a 
rise to those rebellions, might have exercised 
the rigour of his justice, to the full and 
total extirpation of that rebellious party, 
and have put the standing laws of the king 
dom in execution, yet his boundless mercy 
and goodness was such, as not only to pass by 
the errors and escapes of such as through 


ignorance were misled, but even to 
pardon and indemnify rebels them 
selves, and others who had accession thereun 
to : notwithstanding whereof, many do yet 
continue in their rebellious and pernicious 
principles, in a direct opposition to his 
majesty s government, who being unworthy 
of the former acts of his mercy and good 
ness, are now to be prosecuted to the ut 
most rigour. Therefore we, the persons 
above designed, out of a due sense of our 
duty to God, to his sacred majesty and his 
successors, and out of a just abhorrence and 
detestation of all rebellion and separation, 
and as a true mark of our loyalty and 
allegiance to our gracious sovereign, and 
for the preservation of ourselves and 
posterity, do make an unanimous and 
cheerful offer to his royal majesty, whom 
we pray God to bless with a long, happy, 
and prosperous reign over us, and to his 
successors, towards the maintaining of the 
standing forces, for the better securing the 
peace and quiet of the kingdom, five 
months cess yearly for the space of four 
years, from the term of Martinmas next 
to come, and that by and attour the 
present supply payable by us by the 
act of parliament, dated in August 1681, 
beseeching his majesty graciously to ac 
cept of this our unanimous offer and tender. 
Which five months cess, for the said four 
years, is to be uplifted, levied, and collected, 
out of the land rent Avithin the said 
stewartry, in the manner as the present 
supply is payable to his majesty ; and the 
first term s payment to be at Martinmas 
next, by way of advance, and so forth 
thereafter, at Whitsunday and Martinmas, 
being two months and a half s cess termly, 
during the said space. And as a further 
testimony of that duty and obedience we 
owe to our sacred sovereign, and for the 
security of the peace and quiet of the 
government, for the future, we bind and 
oblige ourselves, for our tenants and 
cottars under us, that they shall live re 
gularly and peaceably all time coming, or 
otherwise to extirpate and remove them 
forth of our lands, so soon as their irre 
gularities shall come to our knowledge, 
either by the ordinary judges, or ministers 
within whose bounds they live, and shall 



1G64 ^ ve our utmost concourse and 
assistance in reducing- them to 
justice, in case of their irregularities, and 
that under the certifications provided by 
law thereanent; and what the lords of 
privy council shall be pleased to inflict 
against the contraveners thereof." 

Signed by the haill heritors, October 
9th 1684. 

When the judges had ended their work 
at Kirkcudbright and Wigton, they returned 
to Dumfries, and finished what they had 
left undone there. I meet with their 
address sent up, October 30th, by the com 
mittee for public affairs, and a letter to the 
secretary, with high encomiums upon the 
treasurer, for his pains in bringing that 
country to such expressions of loyalty. 
The address itself, signed by the heritors of 
Dumfries and Annandale, is much to the 
same purpose with that just now insert, 
and I love not needlessly to swell this work. 
" They take notice, with great thankfulness, 
of the king s sending down his royal brother 
the duke of York to Scotland, and declare 
they have nothing more to wish for, than 
that the king and his successors reign over 
them, and offer the king as many months 
cess as his majesty s privy council here, or 
secret committee thereof, think fit, by and 
attour what the parliament has already 
granted ; and bind themselves for their 
wives, families, tenants, and cottars, their 
regularity, in such terms as his majesty s 
council shall think fit and practicable by 
them, besides the ordinary certification by 
law; and give assurances, that whatever 
shall at any time be proposed to them by 
the lord high treasurer, for the advancing 
of his majesty s interest, shall be most 
cheerfully gone into by them. 

During the time that this court was 
sitting at Dumfries, and the other towns in 
this district, the soldiers were day and night 
searching up and down the country, and 
the informers busy to give notice of any 
who had accidentally escaped the fury of 
the court. And the strictest searches 
possible were made for all wanderers, and 
persons upon their hiding. It was this 
severity which produced the declaration in 
November from some of the society people 

which I shall give account of next section 
save one. The whole country almost was 
sworn against them, and the soldiers were 
killing them wherever they found them, 
and this treatment drove them to these ex 
tremities we shall hear of. And indeed all 
along, the heights any of the persecuted 
people ran to, were plainly the effects of 
the unaccountable and illegal procedure of 
the persecutors. 

But it is high time to come to some 
instances of the severities of this court, in 
this southern district, against particular 
persons. And I shall give a short narrative 
of the sufferings of such as I name, before, 
at, and after this court, from well vouched 

The first who offers is Mr William 
M Millan of Caldow, in the parish of 
Balmaclellan in Galloway. This excellent 
person was very harshly treated at this 
court, but I shall give a detail of his suffer 
ings a little higher. After the reintroduc- 
tion of prelacy he was persecuted by Mr 
Robert Moir curate of Balmaclellan, assisted 
by Sir James Turner then raging in that 
neighbourhood. This gentleman was ob 
liged first to leave his mother s family for 
mere nonconformity ; and marrying, in a 
little time he was forced to scatter his own, 
and live as a fugitive the best way he 
could. His losses in this period cannot be 
easily computed, besides the great hardships 
his person was exposed unto, though 
nothing could be charged upon him but 
peaceable recusancy. He had no accession 
to, or concern in Pentland, and yet Sir 
William Bannantyne quartered his men 
upon his family, apprehended himself, and 
detained him, with many others, prisoner 
in the house of Earlston ; and his house 
was spoiled, and his goods and furniture 
seized, and all this, notwithstanding he 
had given bond, under the penalty of a 
thousand pounds, to answer the council or 
justiciary for any thing that could be laid 
to his charge, conform to the warrant given 
to my lord Harris by the government for 
that effect. And when Sir William was 
afterwards, as AVC have heard, processed 
before the council for his exorbitances, Mr 
William was put to vast charges, as one of 
the persons principally lesed, in waiting on 




at Edinburgh, as a witness, to small pur 
pose. This gentleman went frequently over 
to Ireland, to breathe a little in those heavy 
times, where he was often and much pressed 
by the presbyterian ministers of the county 
of Down, to pass his trials in order to the 
preaching of the gospel; for they had now 
long experience of his good parts and shin 
ing piety. At length he was prevailed upon, 
and after his passing through the ordinary 
trials with full approbation, he was licensed 
to preach about the year 1673. When, in 
the most cautious and peaceable manner, he 
was now and then preaching in Galloway, 
he was informed against by the earl of 
Nithsdale and the prelates, who made some 
noise about him; yet, without any order 
from the council, the said earl sent two of 
his militia troop, Alexander Maxwell, after 
ward of Cowheath, and William Glendon- 
ning of Partan, with some other violent 
papists thereabout, who seized him, and 
carried him prisoner first to Kirkcudbright, 
and then to Dumfries, where, without any 
libel or accusation, he was continued pri 
soner thirty five months without intermis 
sion, to the great damage of his health. 
After many fruitless and yet chargeable 
applications to the council, upon the back 
of Both well, when the duke of Monmouth 
stopped the fury of the persecutors a little, 
he was liberate. 

Upon the first circuit at Dumfries after 
Both well, Mr William M Millan was cited 
to it for reset and converse, and finding the 
design of the court was to bring all who 
compeared under sinful engagements, he 
absented, and was denounced rebel and fu 
gitive at the cross of Dumfries, with many 
others. All the lieges were inhibit converse 
with him, and his goods confiscate to the 
king s use. This turned to his great loss as 
to any money he had, and his stock and 
cattle ; and he was obliged to hide and lurk 
many months in the open fields, to the great 
prejudice of his health, which at best was 
but infirm. Those hardships at length threw 
him into a most dangerous fever, and when 
not recovered out of it, Mr M Millan, with 
his infirm wife, was dragged by the soldiers 
to this court at Dumfries. After much se- 
rere and barbarous usage in the guard-house, 
he was sisted before the lords, who exam 

ined him upon some entangling ques- 
tions, which he not answering, and 
withal peremptorily refusing the test, they 
most iniquitously ordered him to be carried 
to Wigton, under a guard, and abide trial 
when they came thither. By the road the 
soldiers forced him, not yet recovered from 
his fever, to walk on foot till he fainted; and 
when he fell down among their hands, they 
took a young wild colt near them, and set him 
upon it, without saddle, or any thing under 
him, to the great danger of his life. Being 
brought to Wigton, he had no other lodging- 
hut the open guard-house, without any bed 
for eight days, or any place to retire to, 
though he was under a violent dysentery 
and flux. When the lords came to Wigton, 
Mr William petitioned them, that he might 
have the favour of the king s common pri 
son, that at least he might be rid of the 
guards now continually about him, or that 
he might be allowed to give bond to appear 
at Edinburgh, as soon as he could reach it; 
but such was their inhumanity, that both 
were refused. From Wigton he was sent 
to Kirkcudbright, where Grierson of Lagg 
by orders, as he said, from Queensberry, 
threatened him most severely, if he would 
not take the test : but he, through grace, 
standing his ground, was sent prisoner to 
Dumfries castle, where he continued from 
the 22d of October, until the 22d of Nov 
ember, in an open house among a throng of 
others, under a guard. It was a wonder 
to himself, and to all who knew his circum 
stances, that under all this toil and hard 
usage, he died not among their hands. The 
22d of November, he, with upwards of 
eighty others, men, women, and some chil 
dren, were carried to Moffat kirk, where 
they lay that night, under great extremity 
of cold, being wet through, and most of 
them in hazard of drowning in the waters, 
under cloud of night, before they could 
reach that station. Next day being sabbath, 
the soldiers travelling day, they were car 
ried twenty four miles to Peebles, under a 
guard of three troops of dragoons, command 
ed by captain Clelland. There several of 
the prisoners were sorely beat, and cruelly 
mocked by the barbarous soldiers, and all 
of them in hazard of their lives, by crossing 
the water in a violent speat. Upon the 24th 



they were carried to Leith tolbooth, 
and reproached bitterly as they went 
through Edinburgh. There they were so 
thronged, that they could scarce stand toge 
ther, and had no conveniency so much as to 
ease nature. Here James Muirhead, late bai 
lie of Dumfries, through the terrible fatigue, 
fell into a severe distemper ; and such was the 
barbarity of this time, that neither surgeon 
nor physician was allowed him, and he died 
in Leith tolbooth a little after their arrival; 
my account bears, it was on the 28th. By 
order of council, Mr William M Millan, with 
thirty four more, was brought up to Edin 
burgh under a guard, and after examination, 
distributed to several prisons in Edinburgh 
and the Canongate. There they continued 
in great throng, and inexpressible difficul 
ties, till, about the 18th of May next year, 
they were sent to Dunotter. Their hard 
ships there, and by the way, I shall refer to 
that place. 

The reverend Mr William M George, 
minister of the gospel at Heriot, was like 
wise before this circuit, and I have a hint 
of his sufferings from his worthy son, pre 
sent minister at Pennicook. Mr M George 
was, with many other honest and peaceable 
persons, sorely persecuted by Mr James 
Alexander, sheriff-depute of Dumfries, this 
year. The sheriff-depute imprisoned and 
fined multitudes, and caused secure two 
women for alleged converse with their near 
relations, who were in the Porteous rolls. 
When the circuit came about, the said Mr 
M George, James Muirhead, late bailie of 
Dumfries, of whom just now, John Irvin, 
John Scot, John Gibson, Homer Gillison, 
James Muir, Andrew M Clellan, all in Dum 
fries, with many others, were carried into 
Leith, with the hazards and severities we 
have heard of. Mr M George continued in 
prison till the middle of April next year, 
when he was liberate upon bond to compear 
when called. Several of these prisoners 
had been so peaceable and regular, (as it 
was now termed) as to hear the episcopal 
ministers, yet this did not exeme them from 
the above treatment. 

Before this same court I find Charles 
Maxwell in the parish of Keir. All they 
had to lay to his charge was converse with 
his sister-in-law, after he had given bond 

for her good behaviour, and by allowance 
brought her home to his own house from 
Dumfries prison, where she had lain for 
several months for mere nonconformity. 
By this instance we may see what the 
crimes were for which the heritors at this 
time were harassed. Generally speaking, 
they were perfect shams, made up for an 
occasion to press the test upon such as they 
hoped would refuse. Merely for this the 
test was put to him, and upon his refusing 
it, he was put into the thieves-hole, and 
laid in the irons. Thus he continued, 
which meanwhile was most arbitrary and 
illegal, till the lords returned to Dumfries, 
and they passed a sentence of banishment 
upon him. By the entreaty of his 
friends, and the violence of those hard 
ships, he complied at length, and took 
the test, and was liberate upon paying 
twenty pounds Scots of fees. And to give 
all I have anent him, in November next 
year he was cited to a court at Glencairn 
church, for collecting charity to the pri 
soners at Dunotter. He compeared, and 
when nothing could be proven against him, 
he was dismissed ; but that same night a 
party of soldiers came to his house, with 
an order to take ten pounds, or the readiest 
of his goods to that value, for his wife s ab 
sence from the court, when he knew noth 
ing of her citation, and further orders to 
carry him prisoner to Dumfries. With 
much difficulty he prevailed with them to 
take his bond, with his master cautioner, for 
a thousand pounds to appear at Dumfries 
when called. 

At this same court at Dumfries, or some 
of the courts held by those deputed to ex 
amine the country parishes, a very extra 
ordinary case fell in. Some country wo 
men were pannelled for being helpful to the 
wife of one of the persons alleged to have 
been concerned in the rescuing the prison 
ers at Enterkin-path, about forty eight 
hours after the rescue, when she was in 
very hard labour. The poor women, when 
nterrogate upon oath, acknowledged they 
were assisting to the poor travailing wo 
man, and were found guilty of reset and con 
verse with rebels, and very narrowly escaped 
being sent to prison. This is a piece of 
barbarity not to be heard of among heathens. 



When the lords were at Kirkcudbright, 
they fined, among- others, William Martin, 
son to the formerly mentioned James Mar 
tin of Dullarg, in the parish of Partan in 
Galloway ; and I shall end the accounts of 
the court in this district with some hint at 
his sufferings. Besides the severities exer 
cised upon his father already mentioned, 
Mr Martin was put to considerable charges 
before the justiciary at Dumfries 1679, for 
pretended accession to Bothwell. In the 
year 1682, he was charged by a herald to 
compear at Edinburgh, and there seven 
times pannelled, and yet no probation ad 
duced as to his being at Bothwell ; yet he 
was forced judicially to renounce all the 
lands he was infefted in before the year 
1679, and, as he himself observes, put to 
great charges through the knavery of his 
agents, and the covetousness of the public 
servants. This gentleman, in his subscrib 
ed account of his sufferings, now before me, 
says when he was at Edinburgh, Queens- 
berry sent for him, and offered to buy the 
fortune which he had a right to by his 
marriage with the heritrix of Caroe, but 
offered so little, that Mr Martin refused to 
sell it at that rate. Queensberry in passion 
enough promised to make him repent it, 
and said, he found him in the Porteous rolls, 
and, if possible, he might lay his account 
with loss of life and fortune. His lordship 
being too strong a match for him, he says, he 
was forced to dispone lands to the value of 
six hundred merks a year, for the sum of 
five thousand merks, which he reckoned of 
clear loss to him, six thousand three hun 
dred and thirty three pounds, six shillings 
and eight pennies. In the beginning of this 
year, in his absence his wife was summoned, 
for his alleged baptizing a child with a 
presbyterian minister, and was presently 
forced to give bond for an hundred pounds 
Scots, which was paid. At several times 
he had eight dragoons quartered upon him, 
for some days, during this justiciary, colo 
nel Douglas quartered upon him with forty 
four horsemen for some time, and being 
cited to the circuit at Kirkcudbright, and 
knowing the test was to be offered, he 
chose to withdraw, and was fined in ab 
sence in seven hundred pounds Scots, which 
he paid. From these instances we may 

have some view of the procedure 

in this district. It is full time to 1684> 

come to that at Ayr. 

I shall give an account of the proceedings 
of this commission of justiciary, with a 
council power, at Ayr, mostly from a nar 
rative sent me by a gentleman of honour 
then present. The lords present were, earl 
of Marr, lord Livingstone, and lieutenant- 
general Drummond, afterward viscount of 
Strathallan, and they sat down, attended 
with all the freeholders, toward the begin 
ning of October. After the rolls were call 
ed, and the heritors all present, each of the 
lords had distinct harangues, wherein they 
gave the freeholders to understand, " That 
whereas there were before them Porteous 
rolls, wherein were crimes of high treason 
laid to the charge of most, if not all the 
nobility, gentry, and freeholders of the shire 
of Ayr, and the shire in general lay under 
a very bad character of disloyalty and dis 
affection to the government, at court; there 
fore they out of compassion to the inhabi 
tants of the shire, well knowing their im 
pending dangers, and as their friends and 
wellwishers, advised the nobility and gen 
try there present, to consult among them 
selves, and conclude upon what method ap 
peared to them most proper to evidence 
their loyalty to the king and his lawful suc 
cessor, thereby to remove the suspicious 
jealousy and bad impressions the court had 
of them ;" with more to this purposal 
This was a handsome way to levy money by 
innuendoes, and to draw them into the test 
and other court measures. The propose, 
was gone into, and lieutenant-general 
Drummond, being alleged heritor by pos 
sessing the forfeited estate of Kersland, and 
professing more than ordinary zeal for the 
good and reputation of the shire, was de 
sired, by the nobility and gentry, to do them 
the honour to assist them with his best ad 
vice and council. Without any ceremony 
he embraced the invitation ; and when they 
retired to another room, he was soon chosen 
preses. And after a discourse much of a 
strain with that above, and under the great 
est protestations of his friendship, and hear 
ty concern for the peace and welfare of the 
shire, gave it as his advice, and the most 
proper way to evidence their loyalty, and 




obtain of the government an indem 
nity for their past crimes, was to 
make a voluntary offer to take the test; and 
then he was persuaded the lords commis 
sioners would effectually interpose their in 
terest that there might be no further prose 
cutions, and a full indemnity would be 
granted for by past faults, excepting a few, 
the court had just ground to suspect, had 
proceeded further in disloyal practices than 
could well be indemnified. And, in regard 
there was then no standing law to admin 
ister the test to any such as were not minis 
ters, and officers ecclesiastic, military, and 
civil, and therefore the lords commissioners 
could not legally impose it, he further gave 
it as his opinion, that all the noblemen, gen 
tlemen and heritors there present, should 
petition the lords commissioners to do them 
the favour to administer the test to them, 
that they might have an opportunity to evi 
dence their loyalty to the king, and to clear 
themselves of all disloyal practices. 

Upon this proposal several noblemen, gen 
tlemen, and others withdrew from the meet 
ing, and others stayed, and made another 
motion to make an offer of some months 
cess to be presently paid. After much rea 
soning, the overture of petitioning was gone 
into, and a form of a petition was drawn 
up. When this was writ over, with three 
doubles, and blank paper to each for sub 
scriptions, one for each lord, and the three 
districts of the shire, the lords separated, one 
to the body of the kirk of Ayr, another to 
the aisle, and the third, I suppose, to the 

The heritors of each district were called ; 
and, after a new speech from each of the 
lords, aggravating mightily the danger they 
were in by the law, and yet signifying, that 
to evidence his majesty s clemency, and 
their own regard to the welfare of the shire, 
they had gone into a proposal, made (by 
one of themselves) to petition for the favour 
of administration of the test, and then pro 
posed the question to every particular he 
ritor in each district, " Will you sign the pe 
tition, or not ?" Such who signed were dis 
missed, and the recusants ordered to stay 
where they were. 

When the rolls were gone through, and 
the separation made, the lords retired and 

ordered the recusants to oe made prisoners 
where they were, by shutting the doors, 
and did not so much as allow those in the 
body of the church, to converse with those 
in the aisle, who were so pent up in that 
narrow place, that they were much strait 
ened; yea, neither meat nor drink was al 
lowed them, but what they got towed up by 
the windows ; guards being posted at the 
entry, it was, it seems, resolved to starve 
the gentlemen into loyalty. I need scarce 
remark, in a period of so much illegal pro 
cedure, the unaccountableness and unwar- 
rantableness of this method of arbitrary 
imprisoning gentlemen, who had received 
no indictment, and were guilty of no crime, 
save refusing to sign a petition, which they 
were at full liberty to do, or not to do, as 
they saw cause ; and one part of the heri 
tors doing it, being no rule or just cause, to 
make the refusers suffer treatment due only 
to villanous offenders. Thus they remain 
ed till the lords had dined, when, perhaps 
ashamed of this rude and indiscreet treat 
ment of so many innocent persons of rank 
and quality, the commissioners came to a 
resolution to permit the gentlemen to come 
out, and confined them to the town of Ayr. 
And by a special favour, and with some dif 
ficulty it was, that Sir William Wallace of 
Craigie obtained, that some of his friends 
might have liberty to go with him to his 
house out of the precincts of the town, and 
yet within a cry almost to the tolbooth. 

The commissioners proceeded next to 
administer the test to such who had sign 
ed the petition, and when these were called, 
some of them, upon second thoughts, did 
alter their mind, and refused it. This cha 
grined the lords so much, that though a 
little before they had owned, they were not 
authorized by law to press the test, the 
gentlemen refusers were immediately sent 
to prison, yea, some of them to that nasty 
place called the thieves-hole, as Montgomery 
of Bordland, a gentleman of a good family, 
and some others, where they were in a 
miserable case, and could neither sit, nor 
had room to stand upright. 

When this is over, the recusants, pretty 
numerous, and of good quality and rank, 
had indictments given them, containing 
many crimes, some of which the persons 




pannelled were perfectly incapable of. Some 
youths, who had no families, but lived with 
their parents, were charged with reset and 
converse. Others unmarried, or who had 
no children, were indicted for irregular 
marriages and baptisms, and the like. These 
indictments likewise contained matter for 
multitudes of ensnaring questions, to which 
the pannels were obliged to answer upon 
oath. To all the former illegal steps they 
added this : the indicted gentlemen were 
classed into several divisions, and as many 
of them as they saw good, were remitted 
to be examined by the officers and subal 
terns of Marr s regiment then lying at Ayr, 
several of whom, in a little time, quit the 
profession of the reformed religion, and 
declared themselves papists, as lieutenant- 
colonel Buchan, and some others. This 
was a subcommitting of their power with 
out any just ground, and making the army 
lords commissioners. Upon the report of 
the subcommissioners, shall I call them ? it 
appeared, several of the gentlemen were 
able to clear themselves of their indictments 
by oath, though others were not ; yet all of 
them were treated as alike guilty, which 
was another odd step. And the lords call 
ed them all again before them, and made a 
new offer of the test to them, as the only 
way they would allow of, to clear their in- 
nocency in the alleged crimes, and by 
threateriings, promises and importunity of 
friends, not a few were prevailed upon, and 
the number of recusants was considerably 
lessened. Such who stood their ground, 
were afterwards one by one brought before 
the lords, and examined by the lord presi 
dent of the day, upon their indictment, and 
the commissioners presided per vices. The 
pannel was still urged to take the test, and 
when they refused, though many of them 
were ready to clear themselves by oath of 
the particulars libelled, this was not 
allowed, but they were committed pri 
soners to the room in the tolbooth of 
Ayr, called the council-hoc^e. This 
room was perfectly crowded, and the 
gentlemen had no other shift for several 
nights, but to lie there, with their clothes 
on, upon some sort of beds on the floor, 
brought in to them by their friends. But in 
the day-time their lodging was yet worse, 

for the season being cold, and the 
pannels number lessened, the lords 
met in the council-chamber where there was 
a fire, and the gentlemen were turned out to 
the cold common prison, among a rascally 
multitude of soldiers and others. And there 
the gentlemen would have sometimes been so 
benumbed with cold, that when they offered 
to write, their hands would not serve them ; 
yea, just above them was a large common 
room, where multitudes of the meaner 
country people were so crowded together 
that they had not room to ease nature but 
as they stood, and the nastiness came down 
upon these below. When by all those hard 
ships for several days, the lords found none 
of them would be forced to swear an oath 
they reckoned self-contradictory, they at 
length were pleased to dismiss them upon 
exorbitant bail, above the value of their 
estates, to appear at Edinburgh when called. 
I have no accounts of any cess offered by 
the heritors of this shire. 

Before this court all the presbyterian 
ministers in the shire of Ayr were called, 
who in the former years had been indulged, 
or were preaching sometimes with their in 
dulged brethren, and the test was offered to 
them, which, I need not add, they refused. 
Upon this they were ordered to bind them 
selves, that they should exercise no part of 
their ministerial function, until the king and 
council gave them allowance. One or two, 
as my information bears, had clearness to 
come under that obligation, and were dis 
missed ; but all the rest peremptorily re 
fused such a tie, as a subjugating the min 
istry they received of the Lord, to the king, 
and they were sent to the Bass, and other 
prisons, where they endured no small bard- 
ships, of which I am sorry I can give no 
particular account. Thus a clear house was 
made of presbyterian ministers in the west, 
and the orthodox clergy were for some 
time delivered of those eye-sores. And 
this year also a good number of the best, 
and most conscientious of the episcopal 
clergy, were turned out of their charges for 
refusing the test. 

The lords commissioners, by themselves 
and their substitutes dealt much with many 
of the country people to take the test, and 
erected a gibbet at the cross to frightei* 





them, and pointing- to it, would say, 
yonder tree will make you take the 
test. At this same rate they used to terrify 
young gentlemen. One day the earl of Marr, 
when going by the cross, pointed to the gib 
bet, and said to a young gentleman yet alive, 
from whom I have it, a recusant, Will not 
that shake your resolution ? * No, my lord, 
answered the other, if I am to be hanged, 1 
expect so much advantage by my birth and 
quality, as to hang at the cross of Edin 
burgh, and betwixt this and Edinburgh I 
may think what to do. As to the common 
sort, I am told they followed much the same 
methods used at Dumfries. All who were 
blamed for reset and converse, behoved to 
take the test immediately, or go to prison. 
They were likewise taken obliged to raise 
the hue and cry against all suspect persons. 
I find in one written account of the pro 
cedure of this court, and it seems agreeable 
to their instructions, that they passed an 
act, discharging all to go out of their own 
parish, without their minister s testimonial, 
by way of pass ; and all who wanted this 
were to be seized and imprisoned. The 
same information bears, that they discharged 
being at field-conventicles upon pain of 
death, and extended the act against house- 
conventicles, making that one, where there 
were two more than the family : but it is 
certain, they took up rolls of all who kept 
not the church, and charged all to be regu 
lar under the highest pains, and put all 
whom they had cited, and were absent, to 
the horn, and forfeited some, and filled all 
the prisons up and down the country with 
such as refused the test. And to end this 
general account, the lords, before they left 
the shire, disarmed all such who refused the 
test, not so much as leaving a pistol or walk 
ing sword. And many who were thus dis 
armed, were gentlemen who had signalized 
themselves in the king s service. Thus they 
treated that gallant as well as good man, 
whose memory is still savoury in the shire 
of Ayr, major Buntin. I am well informed, 
his services were so great and well known 
to the king, that he recommended him to 
his brother the duke of York in a very par 
ticular manner, when he came down to 
Scotland, as one he had a particular regard 
unto. Arid if this good man could have 

gone along with the courses of this time, I 
know he might have had some of the high 
est posts in the army. And yet so insolent 
were those commissioners, that his very 
walking sword, and a pretty carabin he used 
to divert himself with, were taken from 
j him, though this gentleman had never ta 
ken the tender, or in the least quitted the 
king s interests, when he was at his low 
est; and my lord Livingstone s page had 
this sword given him, and wore it public 
ly in the streets. That gallant gentleman 
captain Hamilton of Lady land, who after 
wards died in defence of his country against 
the French,* was disarmed, and many 

I shall end the account of the procedure 
of the commissioners at Ayr, with two in 
stances of particular severities, the one of a 
sentence of death, and the other of fin 
ing and banishment. The first is a very 
affecting proof of the spirit of this time. A 
poor country man was charged with being 
atBothwell; the account of whose trial I 
| have from the forementioned person of hon 
our who was present. Before passing sen 
tence, the lord Livingstone president that 
day, told him, if he would answer one ques 
tion the sentence should not be pronounced, 
and it was, " Do you own the king s author 
ity, or not?" The man answered very dis 
tinctly, " My lord, I do own the king s au 
thority so far as he acts by, and it is ground 
ed on the word of God." The president 
said again, " I ask thee, man, dost thou own 
the authority, the authority of king Charles 
II. yea or no ?" To which he replied again, 
" 1 do own the authority of king Charles 
II. as he acts conform to the word of God, 
and grounds his power thereupon." The 
question was several times repeated, but 
the honest man Avould give no other an 
swer; and so the sentence passed, and he 
was ordered in a few hours to be hanged at 
the cross of Ayr. At the intercession of 
some ladies, indeed the poor man was re 
prieved, and carried into Edinburgh. But 
it must appear horrid in a protestant coun- 

* Captain Hamilton of Ladylarid in the par 
ish of Kilbirnie, was the father of Hamilton of 
Gilbertfield the poet, author of a modern version 
of the " Valiant deeds of Sir William Wallace. " 
and the correspondent of Allan Ramsay. ErL 




try, or among- Christians who own the Bi 
ble, to hear of a sentence of death passed 
upon a person in open court, and after de 
liberation, plainly importing- an exemption 
of sovereigns in their acting s, from confor 
mity to the word of God, and supposing- a 
power in them beyond, and Avithout any 
foundation of a divine law. 

The other instance I give, is of that sin 
gular person I have mentioned more than 
once before, Quintin Dick, feuar in Dal- 
mellington; and I give it from his own pa 
pers. After a considerable struggle whether 
to appear or not, he at length determined 
with himself to obey the citation, lest his 
noncompearance should be reckoned con 
tempt of authority, and he guilty of the 
things laid to his charge, or a favourer of 
the wild principles and practices some of 
the sufferers were falling into. When he 
compeared he had a libel given him, upon 
which he was interrogate next day, when, 
being asked if he conversed with rebels, he 
answered, he withstood the rising at. Both- 
well, as much as he could in his station, but 
after they were broke he supplied the party 
with meat and drink. Being required to 
swear upon the alleged treasonable posi 
tions, he said, rising in arms upon self-de 
fence, and entering into leagues and cove 
nants without the consent of the magistrate, 
were points controverted among divines and 
lawyers, and he could not take upon him 
by oath to determine them. And being re 
quired to take the oath of allegiance, he 
declared, he owned the king s authority in 
things civil, and was ready to swear it, but 
supremacy in things ecclesiastical was such 
an usurpation upon Christ s kingdom, that 
he was a better friend to the king than to 
wish him it. Whereupon the lords passed 
the following sentence upon him. Quintin 
Dick in Dalmellington being found guilty 
of converse with the rebels, of refusing to 
depone upon the treasonable positions, and 
refusing to swear the oath of allegiance, is 
fined in a thousand pounds sterling, and 
banished to the plantations in America." 
There follow in his papers several judi 
cious and solid remarks upon this sentence, 
too long to be insert. He observes, that as 
to his converse with rebels, none were 
named in his indictment, and they had no 

ground for it, but by his own acknow 
ledgment that he had charitably sup- 
plied some of the fleeing party with meat when 
fainting, and if there was any thing in the law 
contrary to this, it is superseded by God s 
plain command. As to his refusing to 
swear upon the treasonable positions, he 
declares he hath much peace in it, and 
durst not by an oath condemn the practice 
of our worthy ancestors and many others. 
And as to the allegiance, he thinks no law 
obliged him to take it, and he could not 
swear the supremacy now joined with it, 
being persuaded, that the church of Christ 
hath a government in ecclesiastical matters, 
independent upon any monarchy in the world, 
and that there are several cases w r hich no 
way come under the king s cognizance. 
Upon the back of this sentence, all his 
moveable goods were immediately seized, 
as appears by a commission, to Robert 
Crawford and John Speed messengers, by 
the lords, to intromit with them, and an 
assignation of them at the value of two 
hundred and seventy six pounds Scots, yet 
remaining. This good man s house at 
Dalmellington, was set apart for a public 
guard-house, for the soldiers to keep guard 
in as they went and came from Galloway. 
He w r as himself immediately cast into one 
of the most noisome holes in the prison, 
with thieves and murderers ; and he notices, 
in very moving expressions, and with many 
suitable applications of passages of scripture, 
to the praise of God, and support of other 
sufferers, notwithstanding of age and 
infirmity, and the stink and filth of the 
place, and their crowd, so that they could 
scarce get standing, and multitudes of inex 
pressible hardships, he was not only borne 
through, but could glory in tribulation, and 
say, patience was w r rought, and experience, 
and hope, and the love of God shed abroad, 
and he had a hundred-fold even in this life, 
beyond what the world could afford. 
After that he continued tossed from one 
place to another, from Monday to Satur 
day s night when about seven of the clock 
he was put into the guard, and carried on 
the Sabbath-day to Glasgow, and thence to 
Edinburgh, where he disclaimed the 
society people s declaration of war, before 
the council, and was examined by them 





upon the very same points upon which 
his sentence at Ayr run, and had the 
test offered him, which he peremptorily re 
fused. He remarks, that he was sweetly 
supported of God, and much refreshed by the 
company of many worthy gentlemen in the 
prison; and as the sufferings of Christ 
grew, so consolations abounded by Christ. 
Thus he continued in prison till he was 
sent to Dunotter next year. 

This knowing and judicious Christian, 
with a great deal of caution and exactness, 
states the grounds of his sufferings ; and if 
the reader find as much pleasure, as I have 
done, in this extraordinary country man s 
accoujit of matters, he will not grudge to 
read the state he made of things before he 
came to the court at Ayr, in his own 
words, though considerably shortened. 
He remarks, * that our rulers from one 
step to another, had pushed their op 
position to the presbyterian establishment ; 
that in October 1684-, they would allow no 
presbyterian minister to preach publicly or 
privately, and were now come to press 
bonds and tests, disclaiming all owning of 
presbytery, and binding to an entire subjec 
tion to prelacy, and would oblige every one 
to search for and apprehend all who favour 
ed that way, till they were utterly extin 
guished. For those ends the court met at 
Ayr at this time. Now, says he, this con 
formity to prelacy so strongly urged, was 
brought to every man s door. The most 
painful of deaths was more to be desired 
than imprisonment now, because of the 
throng and nastiness of the place, the 
dreadful company there ; and particularly 
we were abandoned by friends who found 
clearness to make compliances. The fore 
thoughts of these upon the one hand, and 
the fears of quitting in the least Scotland s 
work of reformation, brought me to a 
choke. Upon the one hand, disobedience 
to the law laboured under the reproach of 
alleged schism and separation from the 
church, affected vanity, singularity, bigotry, 
wilful weddedness to a party, and contempt 
of civil authority, and, if magistrates would, 
might be followed with utter ruin ; and if 
I should conform, I could not free myself 
from the charge of backsliding apostasy, 
and abandoning the interests of Christ, and 

rebuilding what in my place and station I 
was called and covenanted to destroy. In 
a word, I would be guilty of quitting an 
ordinance of Christ for a human invention. 
Many things darkened my case, and 
heightened my grief. The grievous divisions 
fallen in among the presbyterian party, 
some of them being for no preaching \vith- 
out the magistrate s allowance, others for 
ministers following their calling and com 
mission from Christ at all hazards, and a 
few who stated themselves against all who 
would not come to their heights, in declining 
authority to the reproach of nonconformity, 
so that enemies represent all presbyterians 
as of those wild principles. This was one of 
the bitterest parts of my cup. But know 
ing that the devil is now aloft in Scotland 
upon the one hand and other, to ruin the 
presbyterian interest, and cause of refor 
mation, I found it my duty to bear my 
witness for it. Under this design it was a 
new damp to me, that a great many one 
way or other, after Scotland had attained 
such lengths of reformation, have owned 
the ministry of the prelatists, and join with 
them in ordinances. And now being 
necessitate to choose in this case, and 
either own prelatists as lawful ministers of 
this church, or give a reason why I cannot, 
in all humility and fear of God, without 
the least design of reflecting upon such who 
have freedom to comply, I give those 
reasons following. But in respect of the 
woful mistakes the difficulties of the time 
hath rendered presbyterians and every 
thing of this nature liable to, I take liberty 
in the first place to declare my judgment, 
anent that precious ordinance of magistracy 
and civil government. I own and avow 
magistracy as God s ordinance appointed in 
his word ; and particularly, I own king 
Charles II. as my lawful king, and sole 
monarch of those realms, acknowledging all 
lawful obedience and subjection to him in 
the Lord, and disclaiming all and what- 
somever attempts against his royal person, 
and all libels favouring of contempt of his 
authority. But, in the next place, I must, 
in all humility, and with due reverence to 
authority, say, that I cannot give the active 
obedience required by act of parliament, 
anent owning and receiving of prelatical 




preachers, as the lawful ministers of the 
church of Scotland ; and that hecause 
I stand under an obligation before God and 
the world, to bear my witness for presby 
tery, in opposition to prelacy ; and in re 
spect I can by no distinction reconcile 
hearing and receiving ordinances, at the 
hands of sworn and avowed prelatists, with 
the allegiance I owe before God, for pres 
bytery ; I cannot, without violenting my 
own light, hear or own prelatists as the 
lawful ministers of the church of Scotland, 
and my reasons are ; 1st, Our Lord Jesus 
Christ, the supreme and only head and 
lawgiver in his church, did appoint, in the 
person of his apostles, a perpetual ministry 
in his church, the sum of whose charge is 
both severally and jointly to take care, and 
oversee and feed the church of God, and 
the chief part and duty of such office is to 
preach, teach, and consequently rebuke, 
reprove, exhort, remit, arid retain, bind and 
loose ; in which things the heads both of 
doctrine and discipline, with their immediate 
power and warrant from Jesus Christ, are 
clearly held out independent upon any 
civil power upon earth, and to be exercised 
by a parity among themselves, our Lord 
himself peremptorily prohibiting all lordly 
domination amongst them, which accord 
ingly his faithful apostles and ministers 
practised during their time, and left it so to 
the world s end by their example. 2dly, 
This church-government being a trust com 
mitted to the ministers of Christ, as well as 
the preaching of the word, and so an 
ordinance of Jesus Christ, is no more to be 
yielded than any truth of God. Sdly. 
Presbytery from Scotland s first delivery 
from the tyranny of Rome, has been the 
due right of that nation, and has therein 
been exercised by the sent ministers of 
Christ in parity, and recognosced by the 
king and law, except some intrusions 
prelacy has unjustly made upon its rights. 
4thly. Prelacy was brought to a judicial 
trial by the judicatories of this church, and 
found a human invention void of any 
warrant from God s word, and accordingly 
sentenced and cast out of this church, and 
thereafter this was ratified by act of 
parliament. 5thly. The whole kingdom 
in the full persuasion of presbytery s right, 

and prelacy s tyranny and usurpa- 
tion, became solemnly sworn for the 
maintenance of the one, and extirpation of 
the other, ilk man in his place and calling. 
Now, under these circumstances I can by 
no means reconcile the compliance required 
by law, with the allegiance I owe before 
God and man for presbytery." This may 
suffice for this excellent man, and I shall 
say no more as to the court at Ayr. 

Let us now come eastward to the court 
held at Glasgow, w r here were present the 
duke of Hamilton, the lord Lundin, after 
wards earl of Melford, secretary, and the 
lord Collington justice-clerk. So large 
accounts have been given of the two for 
mer districts, that I shall pass many things 
here wherein there was a coincidency. 
Upon the 14th of October they met. To 
that day, we find, Stirlingshire heritors 
were cited, and, I suppose, their meeting 
was opened with a sermon, as the sessions 
are in England ; at least there is before me 
in print a sermon preached before them at 
Glasgow, and dedicated to them by Alex 
ander Ross, D. D. and professor of theo 
logy at Glasgow. We have not many in 
stances of this nature, and the reader, it 
may be, may desire some account of a ser 
mon at such an occasion, and published by 
the command of the justices. The dedica 
tion gives us the professor s testimonial to 
the judges, and his account of their actings 
in this court, " That their incomparable 
zeal and dexterity, whereby they managed 
the court, was incredibly to the advantage 
of a decayed religion and loyalty in that 
corner." His text was Acts xxvi. 28. * Thou 
almost persuadest me to be a Christian:" but 
if the professor hath preached as he hath 
printed, which no body will question, I may 
apply Cowley s character. 

" He reads his text, and takes his leave of it. " 
And without offering at any thing explica 
tory or textual, he lays down this scheme, 
which, how well it agrees with Mr Cowley s 
character, the reader will judge. " I will," 
says he, " 1st. show the different parties of 
our divided Zion. 2dly. The malignancy of 
the national sin of schism. Sdly. The ne 
cessity of episcopacy for supporting the 
main concerns of Christianity. Lastly, The 
application." One cannot help thinking he 




^ might fully as well have chosen Gen. 
i. I. for a text for this subject. Indeed 
to those he premises a general account of 
Christianity, as he calls it, that he might have 
a hit at the disfigured faces, and hideous tones 
of some people, and every body knew whom 
he would have been at ; and them he charg 
es with being the occasions of the nation s 
heavy taxes, and paints them out as the 
authors of all the confusions, rebellions, as 
sassinations, and daily tumults in this king 
dom ; and after a great many ill names of 
the declarations at Sanquhar, Rutherglen, 
&c. he gives a broad innuendo upon the 
reformation, complaining, that the nation 
lies under the reproach of ruined cathedrals, 
and metropolitical sees; and then in his 
deep oratory, descants upon bishop Sharpe s 
monument ; and after some dry satire upon 
the remaining inclinations of so many to 
wards presbytery, he handles the evil of the 
sin of schism, and by some thread-bare ar 
guments, a hundred times answered, the 
doctor endeavours to show the useful 
ness of episcopacy to remove schism, heat, 
and many ill things in the church of Scot 
land, since her reformation by presbyters. 
And for application, after he hath taken 
notice how unsuitable it is for an evangeli 
cal pastor to whet the sword of justice, and 
press severities, he comes gravely to tell the 
judges, that they will be justified in what 
ever severe methods they find proper, by 
the malignancy of the present schism, and 
the inveteracy of the distemper ; and pres 
ses them to take the harshest ways with 
such as threaten the very extinction of 
Christianity ; and concludes with acquaint 
ing them, the church is like to suffer more 
from her present enemies, than ever she did 
from Nero and Dioclesian. I wish, by this 
time, the reader be not outwearied with this 
fulsome account. Here the native spirit of 
the orthodox clergy breathes freely; and 
after he hath painted out the persecuted par 
ty and presbyterians, in the most odious 
colours, and when he hath wiped his mouth, 
and condemned himself in what follows, he 
plainly hounds out the judges to wholesome 
severities, and tells them, though they come 
the length of persecution, it is no more than 
the schismatics deserve, being worse than 
Nero and Dioclesian. After the teaching 

and breathing out so much cruelty and se 
verity, in so public a manner, I wish, for 
their own sakes at least, the prelatic party 
would be a little less clamorous upon the 
extremities and excesses some few of the 
sufferers were at this time driven to, by the 
oppression thus preached up upon them. 

We heard, in the beginning of this section, 
that the shire of Stirling was adjected to 
this district. Accordingly, the heritors of 
this loyal shire attend, and give in the fol 
lowing petition or address. 

Unto the honourable lords commissioners of 
his majesty s honourable privy council, the 
humble address of the heritors of the 
sheriffdom of Stirling, convened by your 
lordships warrant, 


" That whereas your lordships were pleased 
to ordain us to convene among ourselves, 
to consider what course we should propose 
or suggest, for securing the peace and order 
of the country ; in obedience thereunto we 
convened, and having considered your lord 
ships proposals, we find ourselves so much 
obliged, in duty and conscience, to obey his 
sacred majesty and government, and those 
intrusted by his majesty therein, as we 
would not presume to make our proposi 
tions, except in so far as we do all unani 
mously declare our utmost, dutiful, and 
absolute submission to, and compliance with 
his majesty s authority and government, as 
it is now established, and our utmost de 
testation and abhorrency of all rebellion, 
rebellious practices and principles, assistance 
thereof, connivance therewith, or whatever 
may tend thereunto ; and that we are will 
ing at all times, and by all means in our 
power, to witness the same with our lives 
and fortunes, and that we are and shall be 
ambitious of all occasions and opportunities, 
by which we may express the same ; and 
of which, we humbly presume, we gave 
such testimony, as we could, in the time of 
the late rebellious insurrection, when none 
of our heritors of any value was absent 
from his majesty s host, and our militia re 
giment of foot, in as good order as most of 
the kingdom, in obedience to his majesty s 
commands, sisted themselves at Stirling, 




to do their utmost in his majesty s ser 
vice. Nor can it be instanced at 
any time, that any shire in Scotland has 
been more forward and ready, according 1 to 
their power, in his majesty s service, than 
we have been. And though, in the late 
rebellion, a very few inconsiderable persons, 
never looked on as gentlemen in our 
bounds, followed the rebels; \ve humbly 
expect, from the justice and clemency of 
his sacred majesty, and the government, 
that their fault, so much abhorred by us, 
should not be imputed to us. Whence, we 
cannot conceal from your lordships, the 
grief and anxiety of our minds, in being 
now classed and ranked with the other 
places of the country, chief actors in, 
and compilers with the late rebellion, 
and other disorders, who were long- since 
out of their just jealousy of their disaffec 
tion to the government, disarmed by pub 
lic authority. But having a deep sense of 
our duty to our sacred sovereign, his au 
thority and government, and of his sacred 
majesty s benignity and favour to his loyal 
subjects ; and also considering- our own in 
nocence, and good affection to his majesty 
and all his concerns, we all declare cur- 
selves ready and willing-, for further secu 
ring the peace of the kingdom, and strength 
ening his majesty s government, to contri 
bute, in all submission and humility, in the 
supply of three months cess yearly, for two 
years ensuing, to be paid at Martinmas and 
Whitsunday next, by equal portions, over 
and above the supply granted by the cur 
rent parliament, with the charge of stand 
ing- militia, horse and foot, or any other 
supply in our power, to his majesty s gov 
ernment, that may not import on us a mark 
of distinction from others his majesty s 
most dutiful, most loyal, and affectionate 
subjects ; and we promise to attend ordi 
nances dispensed in our parish churches, 
notwithstanding- of the latitude given by the 
acts of parliament every Sunday, so far as 
possibility and conveniency can allow, and 
our absence shall neither be wilful nor con 
tumacious. In which terms, we humbly 
expect, that this our cheerful offer shall not 
be understood as extorted from us, out of 
any sense of hazard we apprehend ourselves 
in for delinquency. And we humbly, cheer- 


fully, and heartily offer our sup 
port and concourse to his majesty s 
government, and quiet in the country; in 
manner foresaid." 

I doubt not but this address, intermixed 
as it is with a vindication of themselves, 
was well received by the lords. I find no 
thing- of such offers from Lanark, Renfrew, 
and Dumbarton ; and ere I leave this head 
of the offers made by the shires, it may not 
be unfit to observe, that the council, by 
their act December 3d this year, " restrict 
the offers made by the shires to three months 
cess, till they further consider them, and 
appoint them to be paid all within a year, 
because they say the parliament is shortly 
to meet." Whether they extend this three 
months cess over the whole nation, or re 
stricted it to the shires named, I know not, 
but it is plain they inclined to have it all, 
and as soon among their hands as might be. 

The lords commissioners at Glasgow, 
likewise had a bond of regularity delivered 
in to them by the Stirlingshire gentlemen, 
signed by their hands, which deserves a 
room here, and it contains an obligatory 
clause for the offered cess. 

Bond for regularity, signed by the shire of 
Stirling, October, 1684. 

" We undersubscribers, noblemen, heri 
tors, and others, within the shire of 
Stirling, for testifying our deep sense of 
duty to our most sacred sovereign the 
king s most excellent majesty, and from our 
abhorrence of rebellion, and rebellious prin 
ciples, irregularities and disorders, and to 
evidence our firm and constant resolutions 
to adhere to his majesty, his heirs and law 
ful successors their interests, and to contri 
bute our utmost endeavours to employ our 
lives and fortunes for his security, and the 
peace of the government, and the extirpa 
tion of every thing that may tend to the 
disturbing thereof, bind and oblige us, and 
ilk one of us, for ourselves, our families, 
tenants, subtenants, cottars, and servants, 
that we and they shall live regularly and 
orderly, according to the act of parlia 
ment, and shall not connive at any disor 
der, but, to the utmost of our power, 
shall repress the same, by taking and de 
livering the offenders to justice, if in our 



power, and shall give timely notice to 
the next magistrate or officer of his 
majesty s forces, and shall assist and concur 
with them, for taking-, apprehending- any fu 
gitives, vagrant preachers, or such as reset, 
assist, or maintain any such ; and that we shall 
not harbour, reset, or maintain any rebels, 
fugitives, or intercommuned persons, nor 
suffer any such to be upon our grounds or 
estates. And further, we, and ilk one of us, 
bind and oblige for ourselves, our families, 
tenants, subtenants, and cottars, duly and 
orderly, and ilk Sunday to frequent our own 
parish churches, unless we have a reasonable 
excuse to impede us therefrom; and shall 
partake of the holy sacrament of the Lord s 
supper, whenever the occasion offers, unless 
we be able to give satisfaction to our minis 
ters, of our present unntness to partake of that 
holy ordinance. And such of our tenants, 
cottars, and servants, as live upon our lands 
and heritages, as shall refuse to partake of 
that holy sacrament, without a reasonable 
excuse to satisfy their minister, as said is, 
and shall be complained of to us by our min 
isters, we shall deliver up their persons to 
the ordinary magistrates, to be punished ac 
cording to law, if in our power, or shall re 
move them from off our lands and heritages ; 
and that we shall not baptize or marry but 
with our own parish ministers, without their 
allowance: and we bind and oblige us, and 
ilk one of us, to perform the premises, and 
every part thereof, under the pains and pen 
alties due to such crimes as we shall connive 
at. And we shall behave ourselves as loyal 
and faithful subjects, by declaring and dis 
covering what may tend to the disquiet of 
the kingdom, or disturbance of the peace 
thereof, any manner of way; and that we 
shall not rise in arms against his majesty or 
his authority, or his heirs and lawful suc 
cessors, but shall defend the same with our 
lives and fortunes. And as a further evi 
dence of our loyalty and sincerity in the 
premises, we hereby bind and oblige our 
selves, our heirs and successors, to pay into 
his majesty s treasury, or any who shall be 
appointed to receive the same, for his ma 
jesty s use, three months cess yearly, over 
and above the cess imposed by the currenl 
parliament, and that for two years, payabl 
at two terms in the year, Martinmas anc 

Whitsunday, by equal portions, beginning 
;he first term s payment, being a month and 
a half month s cess, at the term of Martin 
mas next, and so forth to be continued term- 
y, aye and while the expiration of the said 
two years. And we are content and consent, 
;hat all diligence pass against us, for inbring- 
ng thereof, as may pass against us for the 
cess imposed by the said parliament. In 
testimony whereof, &c." 

Nothing can be more extensive than this 
bond of regularity, and it reached farther 
than any paper of this nature I have seen, 
and effectually secured the payment of the 
cess, and the carrying on the persecution in 
this shire, the two great things the lords 
had in view. Whether such bonds were 
signed in the other districts, I know not, but 
it is not improbable that the same method 
was followed through them all. 

I should now come forward to the parti 
cular instances of their severity at Glasgow ; 
their chief work was among the heritors in 
Renfrew and Lanark, and good numbers of 
them by no means could be brought up to 
take the test, and their treatment of them 
will come in upon the succeeding section, so 
that my work will very much shorten here. 
The persons delated by the curates and their 
elders, as we have heard, in every parish 
within this district, were called, and such 
heritors who refused the test, and others 
who declined taking the bond of regularity, 
were imprisoned. Instances in every parish 
could be given, but they would be endless ; 
and therefore I shall point but at a hint or 
two in every shire. 

In Lanarkshire, from the parish of Evan- 
dale, I find about thirty six of the common 
sort imprisoned at Glasgow for refusing the 
test and bond, which by no law they were 
obliged to take. Their names before me 
would take up too much room; and this 
besides the four gentlemen from that place, 
imprisoned with the others who fall in next 
section, Netherfield, Overton, Browncastle, 
and Bannantyne of Craigmuir. Most part 
of the common people continued in prison at 
Glasgow and other places, upwards of hall 
a year, and many of them were sent to Du- 
notter, Blackness, and other places. From 
the parish of Cambusnethan, the two fore- 

CHA1 . VIII.] 



mentioned gentlemen, Alknton and Hart- 
wood, with good numbers of the common 
sort, appeared before this court. The gen 
tlemen refusing the test were remitted to 
Edinburgh, and had their share, with the 
rest to be mentioned, of sixteen months im 
prisonment, to the great hazard of their 
health, and prej udice to their estates. Their 
rents were all arrested, as was done, 1 think, 
unto all the gentlemen in prison, by which 
their families were reduced to straits great 
enough. William Dalziel of West Redmire, 
in the same parish, upon his refusing the 
test, was made close prisoner in Glasgow 
tolbooth, and, through the hardships he 
underwent there, in a little time he died. 
No moyen could prevail to get him out of 
prison during his illness; and when dead, it 
was with great difficulty that his friends 
were allowed to carry his body to the se 
pulchres of his fathers in Cambusnethan 
church-yard. Informations before me bear, 
that two hundred of the smaller heritors, 
belonging to the district of Glasgow, were, 
for refusing the test and bond, banished to 
the plantations. The greater heritors were 
remitted to Edinburgh, and, as we shall hear, 
received indictments as to converse, reset, 
and relieving the sufferers, and church dis 
orders : all which were referred to their oath 
for probation ; and they fined above the value 
of their estates. I find, that the rude sol 
diers haled several sick and weakly women 
into Glasgow at this time, for their not 
hearing of conformists, some whereof died 
in a few days after they were put in prison, 
such as Agnes Livingstone in Kippen parish. 
I shall end this account of the treatment of 
suffering presbyterians at this time, with 
an attested narrative of some very honest 
people in the parish of Lochwinnoch, who 
were banished by the lords, and most bar 
barously treated after sentence, much in the 
words of the sufferers, some of whom are 
yet alive attesting this. They observe, that 
a little before the lords came to Glasgow, a 
sabbath or two, John Marshall sheriff-officer, 
made intimation at the church-door of Loch 
winnoch, that all heritors, how mean soever 
should compear before the lords. The per 
sons underwritten and others, accordingly 
went into Glasgow, and waited several days 
before they were called ; and yet some of the 

company were so poor, that they had 
scarce whereon to sustain themselves. 
At length they were called, and, as they 
answered to their names, the test and bond 
of regulation was put to them, and the oath 
of allegiance with the supremacy inter 
mixed with it. Upon their refusal to 
swear, and to sign, they were cast into 
prison, where they lay twenty days. The 
throng was so great, that they could not 
lie down upon the floor all at once, but did 
this by turns. They were a second time 
called before the lords, who passed a sentence 
of banishment on them to the plantations. 
This, they say, they were very glad of, for 
they choosed banishment rather than an 
appearance before the lords, where they 
knew the escaping of one word would 
hazard their lives. And, November 1st, 
Robert Or of Millbank, James Allan 
portioner of Kerse, John Orr of Jamphrey- 
stock, James Ramsay portioner of Auchin- 
hane, John Orr of Hills, Robert Sempill of 
Balgreen, William Orr portioner of Keam, 
and Robert Blackburn of Landiestone, 
these belonging to Lochwinnoch, and all 
of them heritors, were carried in hard frost 
and snow to Stirling on foot, with about 
forty other prisoners. There, though very 
weary, and without any refreshment, they 
were forced into three low vaults, some 
steps under ground, without fire or light, 
or any thing to lie on, and no place to ease 
nature in, but the corners of the vaults. 
Indeed they met with no small kindness 
from some good people in the town, who 
brought in straw to them to lie on, and 
coals for fire, and some sent meal and 
money to them, which was a great relief. 
They were made to believe, that very soon 
they were to be sent off to the plantations, 
and accordingly they sent to their friends 
in the west for some money to take with 
them, which was sent as far as could be 
done in a short warning. Whether this was 
a trick of the soldiers, that they might 
finger any little money they could get, 
I know not j but no sooner did it come up 
to them, but a Serjeant, named John Downie, 
in Bell s company in Marr s regiment, by 
order, as he said, from the earl, came to the 
prison with a party of soldiers, with kindled 
matches.The town-officers who kept the keys 



[BOOK 111. 

were caused open the doors, and the 
serjeant with the soldiers went in and 
searched them, and took all their money 
from them ; from Robert Blackburn, thirty 
seven pounds, Robert Sempill as much, 
Robert Orr fifty merks, James Ramsay 
eighteen pounds, John Orr three ducatoons, 
John Orr in Hills eleven full dollars. It 
is not minded what was taken from the 
rest of the prisoners. When the soldiers 
were robbing them of their money, the, 
prisoners earnestly begged they might leave 
them some small part of it for their present 
maintenance, and accordingly some little 
was given back to each, and the soldiers 
left them, but came back within half an 
hour, and took it again ; and though they 
should have starved would not allow them 
to keep one farthing. They remained 
in Stirling till May, when they were taken 
out, and tied two and two with cords, and 
sent into the Canongate, where they 
lay some time, and some of them were sent 
to Dunotter, where we shall afterward 
hear of their hardships ; and all this they 
with multitudes of others endured, merely 
because they refused the test and bond, 
which by no law could be forced upon 
them. This may suffice for giving some 
view of those council and justiciary circuit- 
courts, in October this year. 


Of the exorbitant fining and long imprison 
ment of a considerable number of gentle 
men after those courts, November and 
December, 1684. 

WHEN I was designing to have cast 
in the accounts of these excellent 
gentlemen s sufferings, with those last 
mentioned, they swelled so much upon my 
hand, and the circumstances seemed so 
singular, that I could not but think 
they merited a section by themselves. 
The gentlemen whose singular hardships I 
am entering upon, were, for quality, peace 
able behaviour, good sense, and singular 
piety, behind none in the nation. And 
they were the remains ( after many deaths, 
and upward of twenty years severity ) of 
those of their rank in the west-country who 
had stood firm to the presbyterian interest ; 

and yet had managed themselves with that 
temper, caution and prudence, as the gov 
ernment could not reach them, till this self- 
contradictory test came about, and even 
that could not be legally forced upon them, 
and then cheerfully they chose the reproach 
of Christ, and affliction with the people of 
God. And when matters came to be so 
stated, that they behoved either to suffer 
or sin, the choice was easy. Their reflec 
tions on it since have been comfortable, 
and their memory will be savoury, while 
the hardships put upon them will remain a 
lasting stain upon this government. Many 
of them, if not all, were before the courts 
at Dumfries, Ayr, and Glasgow, and there 
upon sham indictments, either sent pri 
soners to Edinburgh, or obliged to find 
bail in exorbitant sums, above the real 
value of their estates, to appear there. In 
November they appeared, and were impri 
soned, most of them fifteen mouths, and 
some of them longer. 

I am sorry that at this distance of time, 
I cannot so much as record all their names; 
severals from Ayrshire and the south have 
not come to my hand ; but these following 
in about this time, were sometimes close 
prisoners in the tolbooth, and sometimes in 
the castle of Edinburgh, and so harshly 
dealt with, that when some momentous 
affairs, and the sickness and death of some 
of their nearest and dearest relations plead 
ed for a week s interval upon bail for what 
ever sums the managers pleased, it could 
not be granted. From the shire of Ren 
frew, Sir John Maxwell of Nether-Pollock 
baronet, since the revolution privy coun 
sellor, and now for twenty years one of the 
senators of the college of justice, and during 
some years justice-clerk; the lairds of 
Craigends elder and younger, the laird of 
Duchal, the laird of Fulwood, Zacharias 
Maxwell of Blawarthill brother to Sir 
George Maxwell of Nether-Pollock, James 
Pollock of Balgray, John Caldwell of that ilk. 
From the shire of Lanark, the laird of Allan- 
ton, the laird of Halcraig, since the revolu 
tion one of the senators of the college of jus- 
tice,Mr Andrew(siuce Sir Andre w)Kennedy 
of Clowburn, some years lord conservator, 
the laird of Overton, the laird of Hartwood, 
James Young chamberlain of Evandale, 

CHAP. VI11.] 



the laird of Brovvncastle, Mr John Bannan- 
tyne of Corehouse, since the revolution 
minister at Lanark, Bannantyne of Craig- 
muir, and the laird of Bradisholm. From 
the shire of Ayr, Sir James Montgomery 
of Skelmorly, Sir Adam Whiteford, Cun 
ningham of Ashen-yards, and several others 
not come to my hand. From Dumfries 
and Galloway, Mr Hugh Maxwell of Dai- 
swinton, and the laird of Balmagechan. 
And whether it was at this time or not 
precisely, I cannot say, but it was much 
upon the same score, that the following 
gentlemen from the Merse, some of whom 
have been hinted at formerly, were exor 
bitantly fined; the laird of Riddell, the 
laird of Greenhead, the laird of Chatto, the 
lord Cranston, Sir William Scot of Harden, 
senior and junior, the laird of Wall, with 
severals from other places. Let it be once 
for all observed, that if those worthy gen 
tlemen had had throats wide enough for 
the test, the taking of it would have purg 
ed them from all the crimes charged upon 
them, contributing for Argyle s supply 
charged only upon a few of them, reset 
and converse with rebels (for actually join 
ing in the rising was not pretended, many 
of them being with the king s host, and all 
of them of known loyalty ) and church ir 
regularities. But rather than take a con 
tradictory oath, they would all suffer to the 
utmost. Their case was in short this. 
They had been once and again in the Por- 
teous rolls, and no probation found against 
them, and their diet deserted. Now they 
are charged with high treason, as guilty of 
reset and converse with such as had been 
at Pentland or Both well, which was the 
case of every body in the west and south. 
They had no probation against them but 
what would equally have levelled at all, and 
many of the managers themselves, and 
therefore they would not proceed in a crim 
inal way with them except in Duchal s 
case, but the advocate restricted the libel 
to an arbitrary punishment, and passed 
from the capital pains of treason ; and thus 
by the letter above set down, impetrate from 
the king, the heads of their libel were re 
ferred to their oath, and the test, which 
could not be imposed on them, was of 
fered to them, and upon their refusing to 

swear upon their libel, and take the 


test, they were fined above the value 
of their estates. In a word, they were a set of 
worthy, pious, and peaceable presbyteriau 
gentlemen, who, for up ward of twenty years, 
carried so loyally, as that they could be reach 
ed by no law then in being. The test did not 
come to their door by act of parliament, they 
being in no places of trust. The managers, 
having felt the sweet of former forfeitures 
after Pentland and Bothwell, had a mind 
for their estates. The gentlemen could not 
be reached that way, and yet viis et modis 
the managers would be at them for their 
constant regard to presbyterians, and their 
good estates ; therefore indictments and li 
bels are trump t up against them, and the 
test offered, which they knew they would 
never take, to keep the prosecutors in some 
countenance, and then, as disloyal and sus 
pect persons who would not take the test, 
the council fines them in prodigious sums 
equal to a forfeiture, and above the real 
value of their estates. 

The case of those worthy sufferers being, 
generally speaking, much the same, it will 
be needless to narrate each of their proces 
ses, and indeed I want distinct narratives ot 
several of them ; I shall then give some 
hints from the council-registers, and origin 
al papers some of them have been pleased 
to communicate with me, and from these 
the reader will be in case to form a notion 
of the unaccountable and arbitrary proce 
dure of the managers with all of them. And 
it may be proper to begin with that singu 
larly pious and worthy gentleman, John 
Porterfield of Duchal, whom I have before 
had occasion to mention in the former part 
of this work ; and I shall give a narrative 
of his persecution from the public registers, 
and some other original papers. 

November 20th, I find the council order 
the advocate to insist against Porterfield of 
Duchal before the justiciary, for high trea 
son, and they allow him lawyers to plead. 
This process against him, was to strike 
terror in the rest of the gentlemen, for they 
had no more against him that I can observe, 
than against some of the rest, and to bring 
them into their measures. He is not brought 
before the criminal court till November 29th ; 
the reason, I suppose, of the delay was the 




1 684 Declaration of the lords of session, pre 
sently to be insert, which could not be 
got made up till this time, and was so justly 
surprising, and made much noise when it ap 
peared. It seems his sentence of death was 
preconcerted before the justiciary sat ; for in 
the council-registers, November 28th, I find 
as follows, "The council recommends to the 
lords of justiciary to leave the day and place 
of DuchaFs execution to his majesty. 
November 29th, John Porterfield of Duchal, 
is indicted for high treason, rebellion, and 
reset and converse with rebels. " In so far 
as he did not reveal Sir John Cochran s 
proposal for charity to the earl of Argyle, 
and as he did converse with and reset his 
brother Alexander Porterfield, forfeited for 
accession to Pentland, and that he harbour 
ed George Holms, who had been at Both- 
well, upon his ground." Those are the 
horrid crimes this worthy person must be 
brought under a sentence for, which, when 
we have heard the gentleman s defences, no 
body will reckon crimes, far less capital 

With the libel, the advocate produces the 
query he had proposed to the lords of the 
session, and the solution of it signed by 
them, as the judgment of the most eminent 
lawyers to evince the relevancy of that part 
of the indictment, which deserve a room 
here, as what, it is to be hoped, none of their 
successors upon that learned bench, will 
ever find again ; this being unto all unpre 
judiced people, at least summumjus, if not 
summa injuria. 

Edinburgh, November 28th, 1684. 

" The said day anent a query proposed by 
his majesty s advocate to the lords of coun 
cil and session, by command of the lords of 
the secret committee. It being treason by 
the common law and ours, to supply and 
comfort declared traitors, and it being trea 
son by our law to conceal treason. Quceri- 
tur, whether Sir John Cochran having ask 
ed of Portertield of Duchal, who was not 
related to the late earl of Argyle, the sum 
of fifty pounds sterling for the said earl s 
use, being a declared and notour traitor, and 
Duchal not having revealed the same to his 
majesty or his officers, whereby the preju 
dice that might have followed thereupon 

might have been prevented, is not the fore- 
said concealing and not revealing, treason ? 


" The lords of council and session having 
considered ihefacti species proposed in the 
foresaid query, it is their judgment, that 
the concealing and not revealing in the case 
foresaid, is treason." 

Perth, Cancel. 
David Falconer, 
James Fowlis, 
J. Lockhart, 
David Baltbur, 
James Fowlis, 
J. Seton, 
J. Murray, 

Roger Hogg, 
J. VV achop, 
A. Bernie, 
J. Stuart, 
P. Lyon, 
G. Mackenzie, 
Pat. Ogilvie, 
Geo. Nicolson. 

In this answer the whole of the lords of 
the justiciary (almost) three or four at least 
deliberately give their judgment anent the 
chief part of the matter in debate in Duchal s 
process; and it may be considered how far 
in equity persons who have already given 
judgment, can give it over again. It is cer 
tain they could not but condemn the gentle 
man, unless they should condemn what they 
themselves had signed under their hands. 
I have not observed the debates of any ad 
vocates in this process, for indeed it was 
fruitless almost to reason upon a matter al 
ready concluded upon. However, I shall 
here set down Duchal s own thoughts of 
his case, which he drew up at the time, and, 
if I mistake not, gave in to the court, and re 
sumed it before the assize ; and it is as fol 

" John Porterfield of Duchal, is indicted 
for reset and converse with his own brother 
Alexander Porterfield of Quarrelton, where 
as the said Alexander being forfeited for his 
accession to the rebellion 1666, and his estate 
being sold, and disposed by the exchequer, 
the said Alexander after some years did 
come and live peaceably within the shire of 
Renfrew, and long before the time libelled, 
did go publicly to kirk and market, beha 
ving himself as one of his majesty s free 
lieges, by conversing with his majesty s sub 
jects of all ranks, such as privy counsellors, 
the sheriff of the shire, and the officers and 
soldiers of his majesty s forces ; so that pri 
vate subjects could not but conclude, he was 
indemnified, and his own brother was not 
more to abstain from converse with him. 




than those abovementioned, especially see 
ing he did compear before the ordinary courts 
of judicature, particularly the sheriff court of 
Renfrew, sometimes as pursuer, sometimes 
as defender in sundry actions; yea, did ac 
tually compound with the sheriff of the 
shire, for a fine of irregularities in not keep 
ing his own parish-church, and received his 
discharge for the same. Moreover, he did 
ordinarily frequent his own parish-church, 
when there was a regular incumbent, and 
frequently conversed with the said minis 
ter ; he was frequently invited, and present 
at most part of the burials within the shire, 
where he had access to converse with all 
ranks, and repaired to markets within and 
without the shire ; and lastly, did assist and 
help to settle the soldiers in their quarters 
and localities, and did entertain them even 
at his own house. As to the harbouring 
of George Holms, the plain truth is, the said 
George went away without arms, and re 
turned so without being noticed; but so 
soon as I was informed that his name was 
in the Porteous roll of the court at Glasgow 
1679, though he was neither cottar, tenant, 
or servant to me, yet I caused his father 
put him off my ground. Thereafter he 
compounded, first with Kennoway the don- 
atar for his moveables, and thereafter with 
the sheriff-depute for his peaceable living, 
at which time he took the bond of regular 
ity, and had a testificate thereupon. Not 
withstanding I would not entertain him, so 
that he listed himself a soldier in the stand 
ing forces. All which is offered to be pro 
ven. As to the last point of the libel, the 
truth is, Sir John Cochran did make a very 
overly motion to me, for fifty pounds sterling 
by way of charity to the earl of Argyle, 
which 1 refused ; and in regard the motion 
was proposed so trivially, I thought it not 
worthy to be communicate, nor could I 
prove it, had it been denied, neither in con 
struction of law can it infer the things li 

This plain and naked representation of 
Duchal s case, gives us a new view of the 
wretched stretches now made to find persons 
guilty, and could not but fully satisfy all dis 
interested persons of the gentleman s inno 
cence ; but who can stand before envy and 
covetousness ? therefore, notwithstanding 

of this fair stating of the matter, the 
lords give their interlocutor as to the * 
relevancy. " The lords having considered 
the libel pursued by his majesty s advocate, 
against John Porterfield of Duchal, find it 
relevant as it is libelled, viz. that he enter 
tained, harboured, and reset on his ground, 
George Holms a declared fugitive for 
treason, and conversed with and reset his 
brother a forfeited traitor ; as also, that he 
concealed, or not revealed the treasonable 
proposal made to him by Sir John Cochran, 
for supply to the late earl of Argyle, 
separatim to infer the crime and pains of 
treason, and remit the same to the know 
ledge of an inquest." 

When the assize was called and sworn, 
the advocate for probation adduced the 
pannel s judicial confession, signed Edin 
burgh, November 17th, 1684. " The which 
day, John Porterfield of Duchal confessed 
and acknowledged that Sir John Cochran 
of Ochiltree, some time in the session, in 
the end of the year 1682, or beginning of 
the year 1683, having met with him in the 
burgh of Edinburgh, the said Sir John 
proposed to him to give fifty pounds 
sterling for the relief of the late earl of 
Argyle, and that he refused to do the same. 
Confesseth he told this proposition to Craig- 
ends elder, and that Craigends had told him 
;he like proposal had been made to him. 

"And the said John Portertield being 
again interrogate in the presence of the 
assize, if he had conversed with, harboured 
and reset his own brother Alexander Por 
terfield, a forfeited person, and also whether 
George Holms a fugitive, had dAvelt and 
resided upon his ground, and if Sir John 
Cochran had made the proposal to him 
mentioned in the dittay, and that he had 
concealed the same from, and not revealed 
it to his majesty s privy council, or others 
in authority under the king, he declares, he 
had already told what was fact in these 
matters, and submitted to the king s mercy, 
and entreats the lords may represent his 
case favourably. 


Thereupon the assize withdrew, and 



soon brought in their verdict. " The 
assize having chosen Sir John Dalma- 
hoy their chancellor, all in one voice find the 
pannel John Porterfield of Duchal guilty, by 
his own confession, of conversing with, har 
bouring, and resetting Alexander Porterfield 
his brother, a forfeited person ; as also for 
harbouring on his ground George Holms a 
fugitive ; and siklike of concealing the 
proposal made to him by Sir John Cochran, 
for supplying the late earl of Argyle, a 
forfeited traitor. 


Upon the return of which the lords, only 
two are in the sederunt, John Drummond 
of Lundy, and Lord Collington justice- 
clerk, that same day pass the following 
sentence. " John Porterfield of Duchal, as 
being found guilty, by an assize, of the 
crimes of treason mentioned in his indict 
ment, is decerned and adjudged to be ex 
ecuted to death, demeaned as a traitor, and 
to underly the pains of treason, and utter 
punishment, appointed by the laws of the 
realm, at such a time and place, and in such 
a manner, as the king s most excellent 
majesty shall appoint ; and ordain his name, 
fame, memory, and honours to be extinct, 
his blood to be tainted, and his arms to be 
riven forth and delete out of the book of 
arms, and thrown in his face ; so that his 
posterity may never have place, nor be able 
hereafter to bruik or enjoy any honours, 
offices, titles, or dignities within this realm 
in time coming, and to have forfeited, 
amitted and tint all and sundry his lands, 
heritages, tacks, steadings, rooms, posses 
sions, goods and gear whatsomever pertain 
ing to him, to our sovereign lord s use, and 
to remain with his highness in property. 
Which was pronounced for doom." 

Duchal was most sedate and patient 
under his trial, and bore all with a Christian 
spirit. His honour as a gentleman, and 
loyalty as a subject, stood full and entire; his 
conscience did not reproach him, all was 
peaceful within, and God smiled upon him. 
Thus nothing men could do did rufile him. 
When he was to receive his sentence of 
forfeiture and death, he was asked, as usual 
iu some cases, what he had to say, why it 
should not be pronounced. His return 

was, My lords, I have little to say, I pray 
the Lord may save the king whatever come 
of me. Which showed him to be a better 
Christian and subject than such who per 
secuted him. His sentence drew compassion 
and tears from many of the onlookers, to 
see so good, old, and innocent a gentleman 
exposed to such hardships for imaginary 
crimes ; yea, the hard measure he met with 
was regretted by some persons in the govern 
ment, after it \vas over; and I am well 
assured, that even Sir George Mackenzie 
used to cast the blame of this procedure off 
himself, and term Duchal my lord Melford s 
martyr. And such was the equity of those 
times, that the very person who was his 
judge, had got a previous promise of his 
estate, which was in due time made good ; 
and July 1686, by the king s gift the earl 
of Melford was made donatar to his per 
sonal and heritable estate, so that he had 
more reason than any body to find him 

Such instances as this verify the black 
character, a person of merit and honour 
gives me of this period. " This was a 
time when stretches of obsolete laws, 
knights of the post, half or no probation, 
malicious informers, scandalous rogues, and 
miscreants, were the government s tools to 
ruin men of estates, honour, and principle." 
But the Lord hath reserved us for happier 
times, and we have seen this plot 1 am de 
scribing, against the protestant interest, 
unravelled, and these sanguinary laws hap 
pily rescinded; and the opinion given by 
the lords of session in this gentleman s case, 
and relative to others of his fello \v-sufterers, 
hath been since the revolution solemnly de 
clared contrary to law in the claim of right ; 
and this sentence of forfeiture, with the act 
of parliament ex post facto, ratifying the 
same next year, was in a better parliament 
rescinded, whereby in part justice was 
done to this good man and his family. But 
before this happy turn came, Duchal was 
obliged to transact with the earl of Mel- 
ford, and give him sufficient security for 
fifty thousand nierks, and a gratuity of an 
hundred guineas to his lady ; and the half 
of the sum was paid to him, though Duchal 
was his very near cousin ; of so little weight 
now were the ties of blood and friendship ; 




but the revolution happily prevented the 
payment of the other half. Let me further 
remark, before I leave this excellent gen 
tleman, that the principal informer against 
him was John Maxwell of Overmains, a 
near relation and neighbour of his own. 
This poor man, after he had fallen into the 
crimes of adultery, and, I think, murder 
too, could think upon no method so proper 
to save his life, and ingratiate himself with 
some in the government, as to turn inform 
er, hoping thereby, as he himself after 
wards confessed, to share in the plunder ; 
but he was disappointed, and his family is 
now plucked up by the roots. Indeed I 
could give many instances, if this work were 
not already swelled exceedingly beyond 
the bulk I designed, of the just steps of 
holy and righteous providence, punishing 
the authors, promoters, and tools of this 
heavy persecution I am describing. Very 
few of them have escaped remarkable 
strokes in their persons, estates, posterity, 
or reputation ; and multitudes of them are 
now cast out of their houses and heritages, 
and they and theirs reduced to beggary ; 
others of them have fled the sword of jus 
tice, and wandered as vagabonds in fo 
reign lands. The case before us is an unde 
niable instance of a just retribution. The 
family of Duchal, in this period devoted to 
destruction, at this time are not only in 
possession of their own paternal estate, but 
by a purchase have acquired the estate of 
John Maxwell of Overmains. 

I come now forward to give some account 
of the rest of the gentlemen who were 
dealt with in another manner than Duchal, 
and in noways terrified, by this rigorous pro 
cedure against him, to quit their principles; 
and standing their ground were fined in 
sums equal to a forfeiture, without the for 
mality of a criminal process, or sentence of 

November 28th, by the council books, I 
find " Warrant granted to cite Sir John 
Maxwell of Pollock, Cunningham of Craig- 
ends elder and younger, Porterfield of Ful- 
wood, Caldwell of that ilk, Zacharias Max 
well of Blawarthill, and Mr James Pollock 
of Balgray, to appear before the council 
upon the second of December." They had all 
given bond at the court at Glasgow in Oc 

tober, to compear at Edinburgh in 
November. I find, November 20th, 
by the registers, Fulvvood appears upon his 
bond, and is ordered to be imprisoned. 1 
observe none of the rest in the registers till 
their citation, but suppose they all compear- 
ed and were imprisoned. 

I may well begin with the lord Pollock 
as first in the summons, a gentleman of 
good quality, and of a very old family, as 
well as of shining integrity, probity, and 
piety. He is yet alive, and his own mo 
desty, and my relation to him, forbids me 
to say what I could and would of him. An 
heart-regard for the presbyterian interest, 
as well as a bright pattern of suffering for a 
good conscience, was handed down to him 
by his excellent father Sir George Max 
well, whose noble example it is his care 
most closely to fellow. My lord Pollock 
had before this met with many smaller at 
tacks from the sheriff- depute, for irregular 
ities ecclesiastical, and keeping suffering 
ministers in his house. We have heard of 
his being put in the Porteous rolls, and of 
his imprisonment and other trouble he was 
brought unto, till his diet was deserted 
simpliciter. And yet for the very same old 
pretended crimes of reset and converse, for 
no other thing could be charged against him, 
upon his refusing to swear upon this libel, 
and declining the taking of the test, the 
council fine him in the swinging sum of 
eight thousand pounds sterling ; and he re 
fusing to pay this extravagant and arbitrary 
fine, continued sixteen mouths in close pri 
son. Afterwards he got a composition made, 
and paid a great sum, and gave bond for a 
greater, and was at vast charges before mat 
ters could be brought even this length. 
This will best appear from the council s de- 
creet passed upon him, and the rest of the 
gentlemen cited with him December 2d, 
this year ; and that sentence of the council 
is so exorbitant that it deserves a place in 
the body of this history, and follows from 
the registers. 

Decreet against Sir John Maxwell, the lairds 
of Crainends y and others, December 2d, 


" Anent our sovereign lord s letters raised at 
] the instance of Sir George Mackenzie of 




1684 R osenau oh> knight, his majesty s ad 
vocate for his highness interest in 
the matter underwritten ; mentioning, that 
where, albeit by the laws and acts of parlia 
ment of this kingdom (they need not be re 
sumed) the keeping and being present al 
house or field-con venticles,and the withdraw 
ing from the public ordinances in their own 
parish-churches, and the baptizing children 
and marrying disorderly and contrary unto 
the established government and laws, be ex 
pressly prohibited and discharged under the 
particular pains and penalties therein con 
tained ; likeas, albeit according to the com 
mon laws and acts of parliament in this 
kingdom, the harbouring and hounding out, 
resetting, entertaining, corresponding and 
intercommuning with rebels, traitors and 
disorderly persons, the furnishing of them 
with meat, drink, money, and other provi 
sions, the contributing of money to rebels, 
fugitives, forfeited or intercommuned per 
sons, the hearing of seditious and treason 
able speeches, and not revealing the same, 
the seeing of rebels and fugitives in arms 
or otherwise, and not discovering them, and 
not giving timeous advertisement thereof 
to his majesty s magistrates, or officers of 
his forces, that they may be brought to con 
dign punishment, be crimes of a high na 
ture, and severely punishable. Neverthe 
less it is of verity, that the persons under 
written, Sir John Maxwell of Nether Pollock, 
Alexander Cunningham elder of Craigends, 
and William Cunningham younger thereof, 
John Caldwell of that ilk, Zacharias Max 
well portioner of Blawarthill, Alexander 
Porterfield of Fulwood, Mr James Pollock 
of Balgray, have, upon the first, second, 
third, or remanent days of the months of 
August, September, October, November or 
December, 1679 years, and the first, second, 
third, and remanent days of the months of 
January, February, or remanent months of 
the years 1680, 1681, 1682, 1683 and 1684, 
upon one or other of the days of one or 
other of the months of the foresaid years, 
kept and been present at divers house and 
field conventicles, kept within the burgh 
and barony of Glasgow, shires of Renfrew 
and Lanark, and several other places, where 
they have heard divers rebel, declared fu 
gitive and vagrant preachers, those trum 

peters of sedition, and harboured, reset, 
entertained, corresponded, and intercom 
muned with, furnished with meat, drink, 
money, or other provisions, or have contri 
buted money to rebels, fugitives, forfeited 
or intercommuned persons, viz. Balfour of 
Kinloch, the two Hendersons of Kilbrach- 
mount, the deceased Hackston of Rathillet, 
and others the bloody and sacrilegious mur 
derers of the late archbishop of St Andrews; 
as likewise to Robert Hamilton late pretend 
ed general of the rebels, to the deceased 
Mr Donald Cargil, Mr Richard Cameron 
ministers, Messrs John Welsh, John Rae, 
David Hume, James Kirkton, Alexander 
Lennox, Edward Jamison, or Mr Samuel 
Ariiot, Mr John Spreul late writer in Glas 
gow, John Spreul his son, John Spreul apo 
thecary in Paisley, Alexander Porterfield 
brother to the laird of Duchal, and other 
notorious rebels, and infamous traitors, 
whom they knew to be such : and severals 
of the said persons married and baptized 
their children disorderly, and constantly, 
during the said space, have withdrawn from 
public ordinances, which is the root and 
foundation of schism and rebellion, and 
from which all the barbarous murders and 
other assassinations have sprung, and which 
his majesty and the estates of parliament 
have declared to be seditious, and of dan 
gerous example and consequence, as is par 
ticularly expressed in the seventh act of the 
second session of his majesty s second par 
liament. Whereby the said persons, and 
every one of them, are guilty of the crimes 
above libelled, or one or other of them, in 
high and proud contempt of his majesty, 
his authority and laws, and thereby incur 
red the pains and penalties contained in the 
said acts, for which they and every one of 
them ought to be severely and exemplarily 
punished in their persons, to the terror of 
others to commit and do the like in time 

" And anent the charge given to the said 
Sir John Maxwell, and haill remanent de 
fenders above written, to have compeared 
jersonally, to answer the said complaint, 
and to have heard and seen such order 
taken thereanent, as appertaineth, under 
the pain of rebellion, with certification as 
the said letters, executions, and indorsations 

CHAP. V1I1.] 



thereof, at more length purport. Whilk 
being called this present day, and the 
said pursuer compearing personally, and 
the defenders being prisoners, as being sent 
in by the lords commissioners of council, 
lately met at Glasgow, being brought to 
the bar; and his majesty s advocate having, 
conform to two several letters under his 
majesty s royal hand, restricted the foresaid 
libel to an arbitrary punishment, and instead 
of all further probation, referred the verity 
thereof to the defenders oaths, according to 
the declarations emitted under their own 
hands, before the said lords commissioners; 
and which being read and shown to them, 
and they having at the bar immediately ac 
knowledged and subscribed the same upon 
oath. The lords of his majesty s privy 
council, having heard and considered the 
foresaid libel, and declarations of the said de 
fenders, subscribed and acknowledged by 
them upon oath, do find them and ilk one 
of them guilty of the articles libelled, and 
now restricted to an arbitrary punishment ; 
and therefore have fined, and hereby do fine 
them in the respective sums of money 

" The said Sir John Maxwell of Nether-pollock, 

in the sum of 8,000 pounds sterling. 
Alexander Cunningham elder of Craig-ends, 

and William Cunningham thereof, in sol- 

idum, in the sum of 6,000 pounds sterling. 
John Caldwell of that ilk, in the sum of 500 

pounds sterling. 
Zacharias Maxwell portionerof Blawarthill, in 

20,000 merks Scots. 
Alexander Porterfield of Fulwood, in the sum 

of 4-0,000 pounds Scots. 
Mr James Pollock of Balgray, in the sum of 

15,000 merks Scots. 

" To be paid to his majesty s cashkeeper, 
for his majesty s use ; and ordain the haill 
said defenders to be committed prisoners to 
the tolbooth of Edinburgh, to remain there 
till they make payment of the said sums 
respective, and find caution to his majesty s 
cashkeeper, for payment of the said sums 
to which they are hereby restricted, betwixt 
and the first of January next to come, 
otherwise to be liable to the whole sums 
respective above written, in case they find 
not the said caution, and pay the said sums 
now restricted, as said is, before the elapsing 
of the said first of January next, (except as 
to the said John Caldwell of that ilk, and 

Zacharias Maxwell of Blawarthill, 


whom they ordain to continue pris 
oners for their whole lifetime, besides the 
payment of their fine) viz. the said Sir John 
Maxwell, the sum of 5000 pounds sterling, 
Alexander and William Cunninghams of 
Craigends, the sum of 4000 pounds sterling, 
the said Alexander Porterfield of Fulwood, 
the sum of 20,000 pounds Scots, and the 
said Mr James Pollock, the sum of 500 pounds 
sterling. Upon the finding of which caution, 
or the payment of the said sums to which 
the said fines are restricted, they are to be 
liberate, (caution being always found, or 
payment made, before the first of January 
next to come) and ordain letters of horning 
and other execution to be directed there 
upon, as elfeirs." 

I am sorry I have not all the declarations 
the gentlemen made before the court at 
Glasgow, though the matter of some of them 
will come in just now ; but 1 can fully assure 
the reader, that notwithstanding of the 
odious articles of the libel, invidiously put 
in to blacken the gentlemen, of their converse 
with and reset of the persons concerned in 
the murder of the archbishop, yet they were 
as free of these as the advocate or their 
judges; and it was a stretch peculiar to this 
time and court, to find them guilty, and every 
one of them of the articles of the libel, as 
well as groundless and false ; and, as to 
some of them, what the council all knew 
they were not guilty of. And indeed all 
that could be laid to their charge, was con 
verse, I think, the most of them had, as all 
the country as well as they, with Quarrel- 
ton, and with some outed presbyterian min 
isters named, though not many of them, and 
none other of the persons named in the libel, 
and their being present at house-conven 
ticles, and absent some of the times libelled 
from their parish kirk; and upon these 
ecclesiastical and imaginary crimes, they 
are thus extravagantly fined ; upon which 
1 need make no reflections. There was no 
probation adduced against them, but their 
own declaration, which they made sincere 
ly, and more fully than I believe could 
have been proven against them, and some 
of them refused to depone upon it at Glas 
gow. When they came to Edinburgh, and 




saw no better could be made of 
it than a round sum, they yielded to 
adhere judicially, it seems, upon their oath, 
to their declarations, but could never rea 
sonably expect such exorbitant fines as 
were imposed : What the pretext was for 
Caldwell and Blavvarthill s imprisonment 
during life I know not; they were both 
most peaceable gentlemen, and as little 
liable to the then laws as any of the rest. 
But, it may be, this clause was put in to be 
remitted afterward, upon their paying their 
whole fines without defalcations, which we 
see were made to the rest. 

I come now forward to give some more 
particular hints at the case of some of 
these excellent gentlemen, as far as vouch 
ed accounts have come to my hand, a little 
further to expose the iniquity of this pro 

I begin with the lairds of Craigend elder 
and younger, two worthy gentlemen of an 
ancient family, descended from the noble 
and old house of Glencairn, in the shire of 
Renfrew. Craigends younger is still alive, 
in flourishing circumstances, notwithstand 
ing of this heavy oppression, a singularly 
pious and excellent gentleman, far above 
any character I can give of him. Both of 
them gave such ample indications of their 
loyalty and peaceable temper, in a petition 
to the council by themselves, as in the eyes 
of all indifferent judges, very much aggra 
vated the managers severity to them. This 
paper was in such expressive terms of sub 
mission to the present government in the 
state, as more could not be required; and 
when it did not satisfy, every body saw it 
was fines the managers were aiming at, and 
not security to the government, since greater 
evidences of loyalty could not be given, 
than the petition signed by the two gentle 
men. A better account of their case can 
not be laid before the reader, than from the 
following information, vouched in every 
branch of it by the present laird of Craig- 
ends. And because it contains several 
matters of fact, which set the harshness of 
the council s procedure, with these two 
and their fellow prisoners, in its due light, 
I insert it here. 

" The lairds of Craigends elder and young 
er, having lived in all peaceable, and, to 

their knowledge, orderly deportment, did, 
in October 1684, compear with other gen 
tlemen their neighbours, before the lords 
commissioners of the district of Glasgow, 
where being libelled severally upon the 
points of reset and converse with rebels, 
conventicles, and withdrawing from the 
church, and other such like delinquencies, 
they were divers times before the lords, 
and interrogate upon several points, as well 
concerning the guilt and crimes foresaid, 
and how they stood affected to the govern 
ment. As to their guilt and crimes, confes 
sed by themselves upon oath, without any 
further probation, they are as follow. 
Against Craigends elder, 1. Converse with 
Alexander Porterfield, alleged to have been 
at Pentland, and within two years there 
after, he transacted his forfeiture, and ever 
since, these fourteen years, lived securely 
and openly in his own house, without any 
challenge, and hath haunted kirk and mar 
ket, and courts of judgment, with no less 
freedom than any other of his majesty s 
lieges. 2do. That Sir John Cochran had 
sought charity from him, for the late earl 
of Argyle, in the year 1682, Sir John him 
self being then a free subject, Craigends 
refused the desire, but his not revealing the 
proposal is accounted a crime. Stio. That 
some of the nonconformist ministers had 
performed family-worship in his house. 
Against Craigends younger, only accidental 
converse, which he acknowledged in his 
deposition, and that he could not deny but 
he heard Sir John Cochran seeking charity 
to the late earl of Argyle, from others ; but 
neither Sir John nor any from him sought 
the same from him. The council indeed in 
their libel, load that matter of Sir John 
Cochran s proposal, with such epithets and 
circumstances, as would make the bare con 
cealing of it an atrocious guilt, alleging Sir 
John had made application to several per 
sons, for sums of money to the late Argyle, 
to help to carry on a conspiracy and rebel 
lion; but the gentlemen being no ways 
privy to such a design, and knowing no 
other intent of the proposal, but the sup 
plying of a nobleman s urgent necessity, for 
his livelihood, it was not possible for them 
to understand any further duty requisite, 
than to refuse, till now that the parliament 




hath made the matter clear, by a posi 
tive and posterior law; and they might 
the rather be carried away with this mis 
take, that the council, within these two 
years, in a practick relating- to the late 
Sir John Cunningham, had declared 
themselves of a quite different judg 
ment. There being information given, 
aneut Sir William Denholm of Westsheils, 
holding correspondence with, and doing fa 
vours to Mr John Cunningham of Bedlane, 
forfeited and declared rebel, among the rest, 
Sir John Cunningham s name is heard, 
with some ground of jealousy, that he might 
be in the correspondence. Upon trial it 
was found, that when Bedlane s letters were 
offered, Sir John refused them, but never 
held himself obliged to reveal any thing ; 
and yet when other persons who had re 
ceived the letters were criminally indicted, 
and cited with sound of trumpet at the 
cross of Edinburgh, and their correspon 
dence aggravated in all its high circum 
stances, the carriage of Sir John upon the 
contrary was commended, and in the public 
proclamation highly applauded, that he did 
as became a good and faithful subject in re 
fusing, notwithstanding he never revealed 
any thing. And certainly, if it was duty to 
reveal the bare seeking of charity to a rebel, 
much more had it been duty to reveal a 
rebel s letters, which could not be suppos 
ed to contain less than the seeking of charity, 
whatever they might have imported more ; 
and seeing the case was not altered by any 
positive law, the gentlemen might well 
think they had kept a very safe and just 
course, when within the bounds publicly 
approven by his majesty s privy council. 
However, upon these grounds and no other, 
they are called in before the privy council, 
and, with many others their neighbours, 
sentenced in fines to the supposed value of 
their estates: others were fined, every man 
by himself, but Craigends and his son are 
joined together for the sum of 6000/. ster 
ling, far above their value, and both of them 
kept prisoners, and charged in solidum for 
the whole sum, as if they had been mutual 
ly liable for each other s faults, notwith 
standing there \vas no equality betwixt 
them, as the particulars of their confession 
manifest, there being nothing against 

Craigends younger, but accidental 


converse with Alexander Porterfield. 
The gentlemen further allege, they have 
given such testimony of their freedom from 
any dangerous principles anent the govern 
ment, that they must be beyond all ground 
of quarrel that way, which the commission 
ers may well remember, when they inter 
rogated Craigends younger upon his prin 
ciples, at Glasgow ; and both the father and 
the son expressed their principles in a very 
solemn declaration, given in to the whole 
council in writ, before the passing sentence 
upon them; and they cannot but be sur 
prised at the hard measure given them, after 
such a public proof of their loyalty to their 
sovereign, wherein they conceive themselves 
to be short of none of his majesty s subjects. 
The gentlemen are not such fools as to al 
lege an argument from principle, as sufficient 
to expiate crimes ; but when the escapes 
are such as the whole country are engaged 
in the like, and which surpassed the skill of 
any reasonable man, to understand them to 
be crimes, at the time when done, and when 
the alleged ground of the courses taken 
against others in the like cases, was only 
to secure the government, by a good prin 
ciple in the subject, those gentlemen, after 
so full a vindication of their principles, ex 
pected they should not have been troubled 
for invincible mistakes, more than many of 
their neighbours, who were never called in 
question for them, though as much guilty 
as they." 

I have only particular accounts of another 
of these worthy gentlemen, and that is 
Alexander Porterfield of Fulwood, son to 
the laird of Duchal, just now mentioned. 
He is yet alive, a gentleman of a very good 
character, and in good circumstances, not 
withstanding this exorbitant fine, in the 
parish of Killallan and shire of Renfrew, 
ready to attest every circumstance of the 
account I am to give of his case. At the 
court at Glasgow in October, he was indict 
ed as guilty of several heinous and treason 
able crimes, since the year 1660, and when 
there was no proof of his libel, the verity 
of it was referred to his own oath, after 
they had passed from capital punishment, 
and restricted it to an arbitrary one, and 
ordered him to swear upon the several 




IP 04 articles of it. Ful wood very reason 
ably objected, that no law could 
oblige him to depone in the matters libelled, 
since the law concerned heritors only ; and, 
for his part he stood infeft in no lands, and 
so could not be reckoned among them. 
The lords interrogated him, if he had not a 
disposition from his father Duchal, to the 
lands of Fulwood, and possessed them ; he 
owned he had, and the lords finding him upon 
this an heritor, ordered him to give his oath. \ 
As to all the articles of his libel, he deponed 
negatively, save two ; the one was his con 
verse with his uncle Alexander Porterfield 
of Quarrelton, which he told their lordships 
he reckoned so far from being a crime, that 
in his opinion he would have been inex 
cusably criminal, had he declined converse 
with so good a man, and his most affection 
ate uncle, especially when Mr John Hamilton 
of Hallcraig, upon application to the 
government, had obtained a gift of Quarrel- 
ton s estate, and faithfully applied it to his 
use, with a plain connivance. And although 
his said uncle had not applied to the king, 
or obtained any indemnity or remission for 
his alleged rebellion, yet he had access 
these many years to live peaceably in his 
own house, (with the other circumstances 
named in Duchal and Craigend s cases) so 
that he judged himself safe to converse 
with him, when every body did so ; and he 
himself was but an infant at Pentland, unfit 
to make a judgment of that rencounter, or 
whether there was any danger of converse 
with such who were alleged to be concerned 
in it. The other article was his being 
present at house-conventicles, and he 
frankly owned that he was present at 
several sermons preached by presbyterian 
ministers, in his father s house at Duchal, 
being one of his family, and not forisfamiliate. 
In doing whereof, he reckoned he had been 
at his duty. This was all that he confessed. 
He was ordered to sign his deposition, which 
he did, and \vas kept prisoner at Glasgow 
until he found caution, and gave bond to 
compear at Edinburgh, November 20th, if 
called, or otherwise to enter himself prisoner 
within the tolbooth of Edinburgh, under 
the penalty of 10,000 merks, in case of 
failie. Accordingly he was at Edinburgh, 
the said day, and, not being called, he 

entered prisoner, and, as we heard, with 
the rest of the gentlemen his neighbours, 
was called and fined in forty thousand 
pounds, and remitted back to the tolbooth, 
till he should pay the said sum. There he 
continued about fourteen months, and be 
sides his corporal punishment by imprison 
ment, the government proceeded to real 
and legal diligence against his estate, by 
adjudication and otherwise, for evicting the 
fine. But finding that this was not the 
most compendious and expedite way for 
obtaining payment, they took the shortest 
way; and by their act comprehended 
Fulwood s estate within the forfeiture 
passed upon his father, and thereby declared 
the same forfeited ; notwithstanding several 
years before he had a disposition of the 
lands of Fulwood, and was in possession, 
and the lords at Glasgow upon these found 
him an heritor distinct from his father, 
and under this notion obliged him to depone. 
Thus they went and came upon law and 
property, just as it answered their designs. 
By all which it is plain, how dissonant their 
treatment of this gentleman was, not to say 
to law and right, which was but seldom 
now considered, but likewise to their own 
practick, which no body can make hang 
together. Melford was made donatar to 
Duchal s estate and his son s, and there 
was no remedy. Fulwood behoved to 
compound and agree for a piece of money, 
and take a new right from him to his own 
land, with a discharge of his fine. The 
first moiety was actually paid, and the 
happy revolution stopped the rest, and this 
gentleman, as well as the rest, was at vasi 
charges and expense in obtaining theii 
compositions, and securities of their land. 
from the donatars, and otherwise, whicl 
I believe fell not much short of the unpai( 
moieties of their fines. 

From those hints the reader will guess a 
the case of those excellent gentlemen, an 
will see very much of the temper of thos< 
times, when indeed nothing was stuck att 
get money from presbyterians. I regre 
I cannot give as distinct accounts of th 
rest of the gentlemen named, but thei 
circumstances may easily be gathered fror 
what is insert. As to the rest of the prisoner 
named, I can only give the hints I mee 




with in the council-registers ; and those of 
them fined were in the same circumstances 
with the former gentlemen, save that few 
or none of them were charged with the 
charitable supply, or with converse with 
Quarrelton, but I doubt not they had 
conversed with other fugitate persons. 

December 24th, I find a decreet passed 
by the council against the underwritten 
gentlemen. Their libel is mere nonconfor 
mity, and alleged reset and converse, and 
refusing the oath of allegiance, w r ith the 
king s prerogative annexed, which they 
did not reckon themselves obliged in law 
to take ; whereupon the council fine them 
in the following sums. 


Stuart of Allanton in ... 12000 

William Hamilton of Overton in . . 9000 
James Young chamberlain of Evandale 10000 
James Muirhead of Bradisholm . 4000 

Mr John Hamilton of Halcraig . 12000 

Mr Andrew Kennedy of Clowburn 12000 

Mr James Stuart of Hartwood . . 6000 
John Bannantyrie of Craigmuir . . 2000 
George Hamilton of Browncastle 2000 

This is all I meet with in the registers. 
By another information I find the laird of 
Corehouse was fined in 9000 merks, which 
was remitted by the king ; and Allan ton s 
fine was gifted to Crigui. No question 
these worthy and religious gentlemen got 
down considerably in their compositions, 
but they were put to great charges, and 
those arbitrary impositions brought their 
estates and families low. 

And by the same information, under a 
very great man s hand, I find reckoned up 
among sheriff fines confirmed by the coun 
cil, severals in Roxburgh and thereabout 
formerly mentioned ; the laird of Riddell 
52,000 pounds Scots, the laird of Green- 
head 24,000 pounds Scots, the laird of 
Chatto 20,000 pounds Scots, the lord Cran 
ston 1500 pounds sterling, Sir William 
Scot of Harden 53,000 merks, of which 
Sir George Mackenzie got 27,000, Sir 
William Scot of Harden, junior, 3500 pounds 
sterling, paid to the duke of Gordon and 
marquis of Athole, and the laird of Wall 
20,000 merks Scots. So much for the exor 
bitant fines of gentlemen this year. 


Of the Apologetical declaration emitted by 
the society people, the murder at Swine- 


Abbay, and the severe procedure, 
commissions, and proclamation* 
following thereupon, November and De 
cember, 1684. 

THOSE matters contained in the title, I have 
of design put all together in this section, 
that the reader may have a fair and impar 
tial account of this part of the management 
of the persecutors. It is evident, oppression 
had put that part of the persecuted, the so 
ciety people, upon measures, that many of 
themselves were not for, and which cannot 
be vindicated ; but it will be as plain, that 
the managers took occasion from this han 
dle given them, to run lengths that can as 
little be justified, and were never used in 
any well ordered government. I only no 
tice further, that the body of presbyterians 
are no way concerned in this matter, than 
as they were silent and melancholy observ 
ers of the heights run to on both hands, 
and had most unjustly the reproach of prin 
ciples tending to assassination, fixed upon 
them, and in part were made sharers of the 
barbarity and violence now raging univer 
sally against ail who stood out against pre 
lacy. That the reader may have as full a 
view of this dark and black part of this 
period, as may be at this distance, I shall 
lay down matter of fact, as it was from 
original papers and documents, and give first 
an account of the paper emitted by the so 
cieties, and the notice taken of it by the 
council in November, when the killing of 
Kennoway and Stuart at Swine-abbay fell 
in, which produced new barbarity, and the 
orders for killing in the fields, and then go 
on to the new commissions and severe in 
structions given in November and Decem 
ber, till we meet with the public procla- 
ation emitted in the end of the year, and 
shall shut up this section with the criminal 
prosecutions, and public executions of sever 
al country people, when the managers are 
inflamed in the highest measure by what 
the society people had done. 

The extraordinary severities exercised 
September and October last, with the bar 
barous murder of some honest country 
people in the fields, which shall be noticed 
in its own room, drew forth from the 
society people their ApologeticalDeclaration, 




and Admonitory Vindication, es- 
1 684 . 

" pecially against intelligencers and in 
formers, about the middle of October, when 
the courts described Section 5, were just 
at their throngest persecuting work. As 
the state of the body of presbyterians 
was at this time most lamentable through 
the kingdom, their ministers all turned out, 
and either in prisons, or forced to leave 
their native country, their gentlemen im 
prisoned and most exorbitantly fined, their 
commons cruelly harassed now by the army, 
and then by particular and more general 
courts ; so the people united in societies, 
who, as we have heard, had withdrawn since 
the death of Mr Cargil, from the rest of the 
presbyterians of this church, were in a 
special manner hunted, yea, killed all the 
day long, and counted as sheep for the 
slaughter. From what hath been pointed 
at, as to the condition of those wanderers 
and hiding persons, who, generally speaking, 
made up those societies (though many were 
upon their hidings, who did not join with 
them in their heights) the reader will easily 
guess at their circumstances. The sea 
ports were shut, they could not get off the 
kingdom, they were daily hunted for by the 
bloody and merciless soldiers, the whole 
country was sworn to discover them, and 
bound up from giving them meat or drink, 
and secret informers and intelligencers were 
bribed to join them, and find out their haunts 
and lurking places, and any who inclined 
to do them the least kindness, were terribly 
persecuted, and all they did in their own 
defence was reckoned murder, and the coun 
try abused for it. They were proscribed, 
and cast out of protection by the govern 
ment, and no terms would be accepted but 
going over their light and renouncing their 
principles. All this, and much more than I 
can now narrate, gravaminous in their case, 
put their general society, which, by their 
original records, I find met October 15th, 
to publish their Apologetical Declaration. 
Mr James Renwick was employed to draw 
it ; and it was published by some of their 
number, October 28th. I insert it * from 

* Society People s Declaration, especially against In 
formers and Intelligencers, November 8th, !(J84. 

Albeit we know that the people of God in all 
ages, have been cruelly persecuted, and malicious- 

the copy before me, under Mr Renwick s 
own hand. 

It is not my business to inquire how far 
private persons, in such circumstances, may 

ly reviled by apostates from, and enemies to the 
truths of our Lord Jesus Christ; yet such hard 
usage, and virulent reproaching, hath not (at 
least ought riot to have) abated the zeal of tender 
hearted Christians, in the prosecution of holy arid 
commanded duties. Therefore, as hitherto, 
(through grace assisting) we have not been 
driven to lay aside necessary obliging duties, be 
cause of the viperous threatenings of men, who 
are given up of an holy and wise God, to lay out 
all their might and power for promoving a course 
of wicked profanity by virulent persecution, and 
ignominious calumnies, (to all of whom never 
theless, that are reconcilable unto God, we heart 
ily wish eternal salvation) so we declare our 
firm resolution of constant adherence to our 
covenant and engagements, where we are bound 
to have common friends and foes with our co 
venanted reformation ; and to look upon what is 
done to one, as done to all of us ; and also our 
unanimous adherence to our faithful declarations 
wherein we have diswned the authority of 
Charles Stuart, (not authority as God s insti 
tution, eitheramong Christians or heathens) and 
all authority depending upon him, for reasons 
given elsewhere ; (disclaiming all such things 
as infer amagistratical relation betwixt him and 
us) and wherein also we have declared war 
against him, and his accomplices, such as lay out 
themselves to promove his wir.ked and hellish 
designs. Therefore, that therein our mind may 
be the more clearly understood, and for prevent 
ing further mistakes anent out purposes, we, do 
hereby jointly and unanimously testify and de 
clare, that as we utterly detest, and abhor that 
hellish principle of killing all who differ in judg 
ment and persuasion from us, it having no bot 
tom upon the word of God, or right reason; so 
we look upon it as a duty binding upon us, to 
publish openly unto the world, that forasmuch 
as, we are firmly and really purposed not to in 
jure or offend any whomsoever, but to pursue 
the ends of our covenants, in standing to the de 
fence of our glorious work of reformation, and of 
our own lives : Yet (we say) we do hereby de 
clare unto all, that whosoever stretcheth forth 
their hands against us, while we are maintain 
ing the cause and interest of Christ against his 
enemies, in the defence of our covenanted re 
formation, by shedding our blood actually, either 
by authoritative commanding, such as bloody 
counsellors (bloody we say, insinuating clearly 
by this, and the other adjective epithets, an open 
distinction, betwixt the cruel and blood-thirsty 
and the more sober and moderate,) especially 
that (so called) justiciary, generals of forces, ad 
jutants, captains, lieutenants, and all in civil 
and military power, who make it their work to 
embrue their hatids in our blood, or by obeying 
such commands, such as bloody militia men, 
malicious troopers, soldiers, and dragoons ; like 
wise, such gentlemen and commons, who, through 
wickedness and ill will, ride and run with the 
foresaid persons, to lay search for us, or who 
deliver any of us into their hands, to the spilling 
of our blood, by enticing morally, or stirring up 
enemies to the taking away of our lives, such as 
designedly and purposedly advise counsel, and 




take upon them to threaten thus, and cast 
off authority : the reader will find their own 
reasons for this part of their practice in their 
Informatory Vindication published some 
years after this ; only as an historian I may 
have the liberty to observe, that the go 
vernment, or the executors of the present 
laws, ran much farther in unaccountable 
severities upon those poor people, than even 
what the oppression of those people had 

encourage them to proceed against us, to our 
utter extirpation ; by informing against us wick 
edly, wittingly, and willingly, such as viperous 
and malicious bishops and curates, and all such 
sort of intelligencers, who lay out themselves to 
the effusion of our blood, together with all such 
as, in obedience to the enemies their commands, 
at the sight of us raise the hue and the cry after 
us ; yea, and all such as compearing before the 
adversaries their courts, upon their demands 
delate us, and any who befriend us to their and 
our extreme hazard and suffering. We say all, 
and every one of such shall be reputed by us, 
enemies to God, and the covenanted work of re 
formation, and punished as such, according to 
our power, and the degree of their offence ; 
chiefly, if they shall continue after the publica 
tion of this our declaration, obstinately and ha 
bitually, with malice to proceed against us, any 
of the foresaid ways, not at all exeming from 
present punishment, such as formerly have been 
chief ringleaders and obstinate offenders. With 
al leaving room for civil and ecclesiastic satisfac 
tion, before lawful and settled judicatories, for 
the offences of such persons as our power at this 
time cannot reach, or the degrees of whose pun 
ishment, according to their offences, is hard for 
us to be determined. Finally. We do hereby 
declare, that we abhor, condemn, and discharge 
any personal attempts, upon any pretext what- 
somever, without previous deliberation, common 
or competent consent, with certain probation by 
sufficient witnesses, the guilty person s confes 
sion, or the notourness of the deeds themselves. 
Inhibiting also and discharging any of our 
emissaries whatsomever, to stretch forth their 
hands beyond the certainly known degrees of 
any of the foresaid persons their offences. 

Now let not any think, that (our God assist 
ing us) we will be so slack-handed in time 
coming, to put matters in execution, as hereto 
fore we have been, seeing we are bound faithfully 
and valiantly to maintain our covenants, and 
the cause of Christ. Therefore, let all these 
foresaid persons be admonished of their hazard, 
and particularly all ye intelligencers, who, by 
your voluntary informations, endeavour to ren 
der us up into the enemies their hands, that our 
blood may be shed ; for by such courses ye both 
endanger your immortal souls, if repentance 
prevent not, seeing God will make inquisition 
for shedding the precious blood of his saints, 
whatever be the thoughts of men ; and also your 
bodies, seeing you render yourselves actually and 
maliciously guilty of our blood, whose innocen- 
cy the Lord knoweth. However, we are sorry 
at our very hearts, that any of you should choose 
such courses, either with bloody Uoeg to shed 
our blood, or with the flattering Ziphites, to in 
form persecutors where we are to be found. So 

forced them thus to threaten. And 


as far as I can learn, they made no at 
tacks, unless it was at Swine-abbay, where 
they had no small provocation till they were 
attacked, and their view in this very paper 
was not so much action, as the frighting some 
people they had to do with. But i leave 
comparisons, or what may be said of this 
paper, to themselves. Only it is evident, 
that this paper formed by Mr Renwick 

we say again, we desire you to take warning of 
the hazard that ye incur, by following such 
courses; for sinless necessity for self-preserva 
tion, accompanied with holy zeal for Christ s 
reigning in our land, and suppressing of profan 
ity, will move us not to let you pass unpunish 
ed. Call to your remembrance, all that is in 
peril is not lost, and all that is delayed is not 
forgiven. Therefore, expect to be dealt with as 
ye deal with us, so far as our power can reach, 
not because we are acted by a sinful spirit of re 
venge, for private and personal injuries, but 
mainly because by our fall reformation suffers 
damage ; yea, the exercise of godliness through 
ensnaring flatteries, and terrible threatening, 
will thereby be brought to a very low ebb, the 
consciences of many more dreadfully surrender 
ed, and profanity more established and propa 

And as upon the one hand we have here de 
clared our purpose anent malicious irijurers of 
us, so upon the other hand, we do hereby beseech, 
invite, and obtest all you who wish well unto 
Zion, to show your good will toward us, by act 
ing with us, and in your places and stations, 
according to your ability, counselling, encourag 
ing, and strengthening our hands for this great 
work, of holding up the standard of our Lord 
Jesus Christ. Think not that in any ways ye 
are called to lie by neutral and indifferent, espe 
cially in such a day ; for we are a people by holy 
covenants dedicated unto the Lord, in our per 
sons, lives, liberties, and fortunes, for defending 
and promoting his glorious work of reformation, 
notwithstanding all opposition that is, or may 
be made thereunto ; yea, and sworn against all 
neutrality and indifferency in the Lord s mat 
ters. And moreover, we are fully persuaded, 
that the Lord, who now hideth his face from 
the house of Jacob, will suddenly appear, and 
bring light out of darkness, and perfect strength 
out of weakness, and cause judgment to return 
again to righteousness. 

Thus having declared our deliberate, lawful, 
and necessary purposes, concerning this matter, 
in order to the publication of the same, we do 
hereby statute and ordain, that upon the eighth 
day of November, copies of this our declaration, 
be affixed upon a sufficient and competent num 
ber of the public market- crosses of the respective 
burghs, and of the patent doors of the respective 
kirks within this kingdom. 

Given at upon the Ssth day of 

October, one thousand six hundred and eighty 
four years. 

Let King Jesus reign, and all his enemies be 



1684 n W tlieir minister > and tne expres- 
sions in it are a little softer and 
smoother than the Sanquhar arid Lanark 
declarations formerly mentioned. And 
I am well informed by persons of credit 
present with them in this meeting-, that Mr 
Renwick himself, and a good many others 
of the best knowledge in the meeting, 
reasoned a long time against emitting any 
threatening paper of this nature at this 
juncture, as what would be of little use to 
them, and exasperate the managers,and bring 
on new distress upon the harassed country : 
but nothing less would satisfy a warmer 
set of people among them, who were most 
clamorous, and by insisting gained the point. 
And Mr Renwick was forced to go in with 
them, to keep peace, as far as might be, 
among themselves. Yet after all the 
softening he could give it, there are many 
things in it so much out of the road of 
private persons, that it became matter of 
much obloquy and reproach to the body of 
presbyterians, who meaii while were no 
way privy to, or concerned in this paper. 
And as most of the struggles of persons 
under chains, and the feet of their enemies, 
make their case worse, so this raised the 
fury of the government ; and yet in part it 
wanted not its designed effect. The most 
venomous malignants were affrighted, in 
formers and intelligencers in the west and 
south for some time were deterred from 
their trafficking, and the most virulent and 
persecuting of the curates in Nithsdale and 
Galloway thought fit to retire for some 
time to other places, even before the murder 
in Carsphairn next year, of which in its 
own place. 

When this paper had been published by 
some of the societies, it was affixed to 
several market-crosses, and November 8th, 
posted up upon a great many church-doors 
in Nithsdale, Galloway, Ayr and Lanark 
shires. I find it put on the church- 
doors of Kilbride, Strathaven, and many 

November llth, or 12th, copies of the 
societies paper came into the council, and 
put tli em in a perfect rage. I shall give 
some instances of it from the registers, and 
then from some accounts I have from 
persons yet alive, were present that after 

noon when the prisoners were brought in 
before them. 

By the registers I find a very severe act 
anent John Semple. November 13th, 
" John Semple of Craigthorn in the parish of 
Glasford, taken near the kirk of Glasford, 
and brought in prisoner, as suspect to have 
been a contriver of the late treasonable 
declaration against the king, or at least 
accessory to the affixing thereof at the said 
kirk, and some others, or at least as having 
knowledge of the persons contrivers, affixers, 
or promoters thereof, being called before 
the council, and having refused to give his 
oath upon the premises, the lords of his 
majesty s privy council ordained him 
presently to be tried by torture in the 
thumb-screw, boots, or both, until he be 
brought to a clear confession, they having 
first declared, that what he should declare 
should not militate against himself as to his 
life. And the said John being called in, 
and interrogate in the thumb-screw, and 
having refused to declare, and at length 
turned faint, he was remanded to prison till 
to-morrow at ten of the clock, at vvhich 
time he is again to be tried by torture. 
I meet with no more about him in the 
council-books; we shall just now meet with 
him to-morrow before the justiciary. 

By other papers, particularly one under 
Robert Goodwin s hand, of whom I have 
given some account before, I find, that 
November 13th, he, with several other 
prisoners, was brought this afternoon before 
the council, and interrogate upon this paper, 
about which they knew nothing. In a 
great haste it was read over to them, and 
they were ordered immediately to hold up 
their hands and swear they did not adhere 
to it, and knew not the authors of it. 
Robert Goodwin in name of the rest said, 
and 1 doubt not but it was the case of all 
of them, that he had never heard it till it 
was now read, that he knew nothing about 
the forming of it, but would swear nothing 
about it ; whereupon they were sent to the 

Another instance of their treatment of 
the prisoners this day, I have from one 
present, and witness to the terrible usage 
of William Niven Smith in Pollock-shaws 
in the parish of Eastwood. W T e heard 




formerly, that last month he was banished 
to the plantations, and here 1 shall take 
occasion to narrate some other particulars 
of his sufferings, and that but in so many 
words. We heard of his trouble in the 
year 1678, and since that time he lived 
peaceably, following his trade, and had not 
been at Both well, nor was chargeable with 
any thing, but not hearing Mr Fisher the 
episcopal incumbent. July 29th, this year, 
about midnight, a party came and took 
him out of his bed, and carried him to 
Glasgow tolbooth. They alleged he had 
been at a sermon of Mr Ren wick s, which 
was false. He lay three weeks there in 
irons, and then, with John Macbae of the 
parish of Kilpatrick in Dumbartonshire, 
he was carried up to the bishop, and exa 
mined by him and colonel Win dram upon 
the ordinary questions. Nothing was found 
against William save his not hearing Mr 
Fisher, to whom 1 must do the justice to 
say, he was one of the soberest of his way, 
and he came into Glasgow and used his 
interest with the bishop, and signified to 
him, that the prisoner was a good peace 
able person, and as to his not hearing, 
he would take him into his own hand. 
But nothing could prevail unless ho would 
take the test, which he peremptorily refus 
ing, was sent, with five others, two and two 
of them fettered together, in to Edinburgh 
under a guard. There he lay in the irons 
night and day, till May 1685, when he had 
his share in Dunotter sufferings, as we 
shall hear, and afterwards was sent to New- 
Jersey with Pitlochy. This same day, when 
the accounts of the apologetical declaration 
came into Edinburgh, William with some 
others whom my informer hath forgot, but 
minds John Hodge armourer in Glasgow, 
John Campbell in Overmoor, John and 
Peter Russels in Muirhead of Shots parish, 
James Tennant in West-Calder, were 
brought most suddenly about six of the clock 
at night, from the iron-house to the council 
or its committee. The chancellor posed 
William and the rest, whether they knew 
any thing of these treasonable papers that 
had been affixed to church-doors last Satur 
day night, or Sabbath. They all declared, 
they did not Then they were interrogate 

if they owned the matter of them. 


The pannels answered, they knew 
nothing about them, and could neither own, 
nor disown them. The lords appeared to my 
informer to be in an unusual hurry and rage, 
and the clerk was bid read the paper, which he 
did as fast as he could run over it. Upon hear 
ing of it, the pannels declared ingenuously, 
that they could make no judgment of it up 
on so overly an hearing. They were again 
required, under the highest pains, to disown 
it as their opinion. They answered, they 
had no share in it, and would not take upon 
them to judge of it, since this came not to 
their door. Whereupon they were remov 
ed a little, and when called in, they were told 
they were sentenced to die that night at ten 
of the clock, and were removed two and 
two into corners of the laigh council-house, 
with a soldier or two to wait on them, there 
to continue till the hour of their execution. 
Happily for them something or other fell 
in that night which put the managers in 
confusion ; it was said, it was some letters 
they received, and so about two hours after, 
they were carried back to the iron-house, 
and for a good many weeks afterward they 
were made to expect every day they were 
to be executed at two of the clock, till the 
king s death fell in, and then they were no 
more directly threatened. This procedure 
is every way so far out of the road, that I 
should not have inserted it, if I had not had 
it from one whom I can depend upon, who 
was witness to it, yet alive, attesting it in 
all its circumstances. 

From this instance we may see the man 
ner of this period, and what an handle was 
taken from every thing that fell out, to ex 
ercise the greatest severities upon people 
who could not be supposed to have any 
share in those incidents. To this likewise 
we must attribute the barbarous treatment 
of the prisoners from Dumfries, formerly 
spoken of. Old men, and women with their 
sucklings not three months old, women with 
child, and others near eighty years of age, 
upon the break of a storm of frost and snow, 
were forced to travel twenty, or twenty four 
miles about the shortest day, and through 
waters, to the danger of their lives. None 
of them either could be concerned in this 


[BOOK 111. 

. paper, and no account can be given 
of such barbarity, but their merciless 
temper exasperated by this declaration. 

Next day, November 14th, the managers 
go a farther length, and, by the criminal re 
cords, I find before the justiciary, John 
Semple, John Watt, and Gabriel Thomson. 
They are libelled for high treason, as art 
and part in the paper lately posted upon the 
kirk-doors. The advocate restricts the li 
bel in those terms, That the pannels own, 
or refuse to disown the traitorous proclama 
tion mentioned in their indictment. The 
probation is John Semple his judicial de 
claration that he owns the proclamation, 
and would not disown it. Gabriel Thomson 
refuses to disown it. John Watt refuses to 
answer, or disown the paper. The assize 
bring in all the three guilty according to 
their confession, and the lords sentence them 
to be taken to the Gallovv-lee, this day be 
twixt three and five of the clock in the 
afternoon, and forfeit them in common form. 
I am well informed that John Semple was 
tortured most cruelly a second time in the 
boots, and taken from the torture to the 
justiciary, where sentence was past, and ex 
ecuted that same afternoon with the others. 
At the execution the soldiers were barbar 
ous, and allowed the poor men scarce any 
time to pray. The people who looked on 
were surrounded by the soldiers, and had 
interrogatories and queries put to them, 
which when they refused to answer upon 
oath, ten or twelve were made prisoners, 
and carried from the scaffold to the tol- 

After this, I find the lords of council 
delay the examination of the prisoners in 
the Canongate and Edinburgh tolbooths, 
as to the treasonable declaration, and 
perhaps would have extended their inquiries 
into the country, had not the incident of 
killing of Kennoway and Stuart fallen in, 
which put the managers upon new, and yet 
more barbarous methods. 

I have not so distinct an account of the 
murder of these two, as I wish I had, neither 
can I say whether it was in self-defence or 
not, but it is generally said, it was pre 
meditated by some persons in the neigh 
bourhood, or society people lurking among 
them, they having been severely oppressed 

by Kennoway for many years ; and if this 
was an assassination, nobody ought to 
defend it. They were both gentlemen, as 
the style was, of the life-guard, and killed, 
as is said, coming out of the door of the 
house at Swine-abbay, in the parish of 
Livingstone; and after the most narrow 
search that was made, none of the actors 
could ever be found, but I am assured, the 
society people refused to admit some persons 
to their fellowships, whom they suspected 
to be concerned in this murder. 1 have no 
account of Stuart, but Kennoway s op 
pressions in Livingstone, West-Calder, and 
that neighbourhood, from Pentland to this 
year, have been in part noticed, and I shall 
add a few other well vouched instances of 
his former carriage. Thomas Kennoway 
was very active under general Dalziel at 
Pentland, and after the defeat of the west- 
country army, he apprehended that excellent 
person formerly mentioned, Mr Hugh 
Mackail at Brades-craigs, and went still on 
in spite and malice against the suffering 
party, year after year. Some years after, 
he with a party of the guards attacked a 
company of unarmed people hearing sermon 
at Thomas-moss in East-Calder in Mid- 
Lothian, and shot one of them through the 
thigh, and beat and spoiled many others. 
The council and managers soon took notice 
of his activity and severity, and gave him, 
frequent commissions, which he rigorously 
executed. At one time he attacked a 
meeting in the parish of Bathgate, and shot 
one James Davie, an heritor of that parish, 
dead in the spot, and took fourteen prisoners, 
who were afterwards sent off the kingdom. 
After Both well he seized Mr John King, 
and brought him in prisoner to Edinburgh. 
In Mid-Calder, he seized an old man whom 
he alleged to have been at Pentland, and 
beat, and bound him in the most barbarous 
manner. Meanwhile some went into Edin 
burgh, and complained to the general of his 
cruelty, whereupon a letter coming out to 
him threatening him for his illegal severi 
ties, he forced the poor old man, in fear of 
present death, to sign a paper, that Thomas 
Kennoway had never wronged him in his 
person or goods. In the parish of East- 
Calder he broke in upon an house, and 
missing the husband whom he was seeking, 




beat and abused his wife, who was with 
child, most inhumanely, and threatened be 
fore her eyes to force two of her daughters, 
all which put her to such a fright, that she 
parted with child, and never recovered, but 
died in a very little. Indeed he was notour- 
ly wicked and profane, a known adulterer, 
and a fearful drinker, and blasphemous 
curser and swearer. He used to say, Hell 
would be a good winter quarters, but ill 
summer quarters. And one in company 
asking, if he was not afraid to speak so of 
hell ; he said with a new oath, he was never 
afraid of hell, but sometimes he was afraid 
some of the rebels would shoot him dead at 
a dyke-side. This was some years before 
his death. Instances of his grievous op 
pression of the parishes of East, Mid, and 
West-Calders, and Livingstone, have been 
given, and many might be added : he was 
indeed a terror to all that country-side. 
And he was constantly almost among them, 
fining and oppressing multitudes, of which 
I have accounts before me too long to be 
insert here. One thing I shall notice, be 
cause it was much observed after his death. 
Some time before Meldrum s court, of 
which an account hath been given, Kenno- 
way had for some time continued drinking 
at Swine-abbay till all the money he had 
was spent, and he had not wherewith to pay 
his reckoning, he went out and seeing a poor 
country man coming by on the road with 
a bag of oats, by mere force took it from 
him, and threatened him dreadfully if ever 
he looked after them, and with the poor 
man s oats he paid his lawing, and had 
some little more money to drink up in 
some other place. And in this very place 
he was sent into eternity. November 
1 7th he came out of Edinburgh with a 
roll of persons, he said, he had a com 
mission from the council, to apprehend 
in the country, upwards of an hundred and 
fifty men, probably of his own upgiving. 
He alighted at Livingstone, where he met 
with the other Duncan Stuart, to whom he 
showed his commission, and told him, in a 
few days he hoped to be as good a laird as 
many in that country, and they fell a drink 
ing. He regretted much that he was turn 
ing old, and would not get the lands he now 
reckoned as his own, long enjoyed. In the 

way to Swine-abbay he described and 
pointed at the places he had in his 
eye to possess, to his comrade Stuart, till 
they came thither, and there they continued 
drinking and laying their projects until the 
20th of November, when they were cut off; 
the particular circumstances whereof I can 
not relate, none being witnesses but the ac 
tors, who got off, and were never taken. 

This is all the account I can give of this 
matter, and I do not set down those things 
to vindicate the actors, but to show how 
righteous the providence was, that this 
wicked man is cut off in the midst of his 
days and projects, however blameable the 
persons might be in their manner of doing 
it. Before I leave those two persons, I on 
ly insert the council s act December 9th, 
anent their widows, to show the concern 
they showed for the relatives of such as had 
been active in the persecution. " The coun 
cil having considered the petition of Janet. 
Stuart relict to Thomas Kennoway, one of 
the gentlemen of his majesty s guard, and 
Jean Jaffrey, relict to Duncan Stuart, another 
of them, lately inhumanely murdered and 
butchered by some desperate rebels and fu 
gitives, at the house of Swine-abbay in the 
night-time, do recommend them to t e 
treasury for charity." 

But I come forward to the council s more 
public actings as to the society people s de 
claration and this murder at Swine-abbay. 
and we shall find them very singular. From 
thence they take occasion, first to order a 
particular search to be made in Edinburgh, 
which was not so unreasonable, and then, 
after some reasoning and opposition to so 
much barbarity, they agree upon the bloody 
orders to murder in the fields all who should 
not expressly disown the foresaid declara 
tion, without any libel or legal process, and 
lastly give out a terrible commission for ha 
rassing the country round the place where 
the two soldiers were killed, and after that 
commission is executed, they grant more 
general powers to particular trustees, to 
harass of new the west and south country. 
Of all which in their order, and from the 
public records. November 21st the coun 
cil make the following act. " The lords 
of his majesty s privy council, having just 
reason to suspect that several of those des- 




perate rebels who have lately emitted 
a most traitorous declaration, where 
by they declare war against the king s most 
sacred majesty, and all in authority, civil, 
ecclesiastical, and military under him, may 
lurk in the town of Edinburgh, and who in 
the prosecution of the same have lately 
murdered some of his majesty s soldiers, re 
quire the magistrates to take all effectual 
methods to discover them, and to take up 
lists of all in the burgh that are householders, 
and the oaths of heritors as to the tenants they 
set their houses to ; and by the help of the 
ministers and elders of the respective par 
ishes, to make up rolls of the inhabitants 
according to the respective parishes ; and 
empower ministers and elders to examine 
masters or mistresses of families, upon oath 
as to the number of their servants, their 
names and sirnames ; and likewise to give 
up the lists of subtenants, if any, and to take 
up lists of lodgers in any house or tavern, 
so as all put together may comprehend the 
whole people, and to take an account of all 
persons who have neither family nor re 
sidence." A little after this followed the 
search which hath been accounted for, sec 
tion I. 

More general and extensive measures 
were for some time under deliberation 
among the managers, and, as soon as could 
be, they authorized what had been now and 
then practised by the soldiers with impu 
nity, the killing people in the fields in cold 
blood who would not answer their queries, 
without any libel, process, or jury. It 
would be hard to persuade the present or 
after ages that any such orders were judi 
cially agreed upon by the council, if we had 
not the original records to vouch this, and 
until I had access to them, I could not 
fully give credit to what I had by a gen 
eral report, that soldiers had orders to kill 
in the fields, and at most reckoned it was 
some particular warrants, given under some 
of the managers hand, that were pretended 
for this barbarity, and it is more than I 
expected when I met with the order for it, 
standing as a black mark of the cruelty of 
this time in the registers. It is altogether 
useless to make remarks upon those orders, 
they stand fairest in their native colour; and 
1 am surprised at the confidence of Sir George 

Mackenzie, who was conscious of those, 
and knew them well, and yet undertakes a 
vindication of this reign as full of mercy 
and clemency. The council inclined to 
have the concurrence of the lawyers, the 
lords of session, in this extraordinary step, 
and apply to them, and record their answer 
to their query, and form their act upon the 
whole. This matter stands in the registers 

Apud Edinburgh, November 22d, 1684. 













Lundin, Secretary, Gosford. 

" The query underwritten, proposed by 
the lords of his majesty s privy council, to 
the lords of his majesty s council and ses 
sion, with their answer, being read in coun 
cil, is ordered to be recorded." 


" Whether any of his majesty s subjects 
being questioned by his majesty s judges or 
commissioners, if they own a late procla 
mation, in so far as it declares war against 
his sacred majesty, and asserts that it is 
lawful to kill all those who are employed 
by his majesty, refusing to answer upon 
oath, are thereby guilty of high treason, and 
art and part in the said treasonable decla 
ration ?" 


" It is the unanimous opinion of the lords 
of council and session, that a libel in the 
terms of the said query, is relevant to infer 
the crime of treason, as art and part of the 
said treasonable declaration against the re 

Perth, Cancel. 
Dav. Falconer, 
Geo. Mackenzie, 
Jam. Fowl is, 
Jo. Lockhart, 
David Balfour, 
Jam. Fowlis, 
Alex. Seton, 

Patrick Ogilvie, 
Roger Hogg, 
Alex. Berne, 
Geo. Nicolson, 
T. Stuart, 

Rob. Lyon, 
John Wauchop. 

" It being put to the vote in council, 
whether or not any person owns, or does 

CHAT. VI 11.] 



not disown the late traitorous declaration 
upon oath, whether they have arms, or not, 
should he immediately killed hefore two 
witnesses, and the person or persons who 
are to have instructions from the council 
for that effect ? Carried in the affirmative. 
The lords of his majesty s privy council do 
hereby ordain any person, who owns or 
will not disown the late treasonable decla 
ration upon oath, whether they have arms 
or not, to be immediately put to death ; 
this being always done in presence of two 
witnesses, and the person or persons having 
commission from the council for that effect." 

I pretend to no skill in law, neither am 
I a proper judge of the import of the terms 
of the opinion given by the lords of session; 
but according to the plain and obvious 
meaning of the expressions in their answer, 
it does not appear to be any foundation for, 
or signification of their lordships approba 
tion of the vote and act of council, which 
immediately, and in the same page follows 
it in the council-books, as if their lordships 
answer were the foundation of the council s 
act To me they seem to suppose, that a 
libel ought to be given to the person who 
owns, or does not disown the societies de 
claration, and that he be prosecuted before 
competent judges, and not murdered brevi 
manu by a soldier or officer by a council 
power ; and though the lords of session had 
given this as law under their hand, it 
would not have had any weight with me, 
or, I believe, with the unbiassed world, as 
long as any sense of humanity, reason, and 
the nature of society remains. Neither 
does this barbarous act seem to have pass 
ed the council itself, without some struggle 
and opposition. Had it been unanimous 
ly voted, I question not but the re 
cords would have borne it, and used a 
stronger term than, it carried in the affirm 

1 shall only remark further, that I am 
informed, extracts of this act signed by the 
chancellor, advocate, or clerk, given to the 
officers of the army, and powers from them 
again given to their underlings, even so low 
as common centinels, were reckoned com 
missions sufficient for the executing of this 
horrible act. What may be in this I shall 

not affirm. The people who passed 
such an act as this, could easily give 
ample enough commissions, if they pleased. 
However, it is certain, that majors, captains, 
and soldiers, pretended all to act by virtue of 
this act; and though I shall not say, that 
all the murders we shall meet with in the 
fields next year, were committed by war 
rants from the council, which at this dis 
tance can scarce be known ; yet no doubt 
Claverhouse, Balfour, and others had them, 
and we shall meet with Balfour calling wit 
nesses to his murder in the terms of the 
act, and private centinels alleged orders for 
what they did this way ; so that upon the 
whole, 1 cannot help thinking, that, as sev 
eral murders in cold blood committed before 
this act, as we have noticed, and shall hear 
of, were thereby made the council s deed, 
so the blood for several years shed in the 
fields and houses, the blood of many scores 
of innocents, is all to be charged upon this 
unnatural and unaccountable act. 

It is time now to come forward to the 
commissions the council gave. The day af 
ter this former bloody act, November 23d, 
they gave a commission to try, judge, and 
execute in the parish where Kenrioway and 
Stuart were killed, and others about, men 
tioned in their instructions. As [ abomin 
ate murder in cold blood as much as any, 
so I cannot but equally hate cruelty and op 
pression, under the colour of law; and I 
could not but be surprised, to meet with 
such instructions agreed on by the council, 
especially when they were a pattern by 
which the soldiers were careful to act in 
other places of the country. The commis 
sion with a justiciary power is given to the 
lord Livingstone, lord Ross, lord Torphi- 
chen, lieutenant Murray, Sir Mark Carse, 
and George Hume, cornets of the guards, 
the lairds of Barbachlay, Polkemmet, Pot- 
tishaw, and Badds, or any five of them, the 
lord Livingstone, or commanding officer 
being always present. The commission is 
in the ordinary style of those formerly nar 
rated : but the instructions are every way 
singular, and follow under this title, as ap 
pears to me, to empower any of the forces 
under the commanding officer, to execute 
all these seventies. 



[BOOK 111. 

1G84- Instructions to the forces to be sent 
to theparishofLivingstoneyBathgate, 
Torphichen, and Calders. 
"You shall convocate all the inhabitants, 
men and women, above fourteen years of 
age, within the parishes of Livingstone> 
Bathgate, Torphichen, Calders, Easter, 
Wester, and Middle, and ye shall examine 
every person ; and after the oath of abjur 
ation, (we shall meet with it just now,) such 
as take the oath you shall dismiss, un 
less you have grounds of suspicion of their 
guilt. And if any own the late traitorous 
declaration, or assassination of the soldiers, 
you shall execute them by military execu 
tion upon the place. And such as refuse 
to answer or depone, or will not disown 
the said traitorous declaration, and the prin 
ciple and practice of assassinations, you shall 
give them a libel instantly, call fifteen men 
as a jury, and let them judge them, and in 
stantly execute the sentence of death on 
such as do so refuse to disown, or to answer 
to the questions before the said jury. And 
ye shall seize their goods, delivering as much 
of them as will pay one year s rent, to such 
masters as either have, or will take the test. 
And if any be absent, ye shall burn their 
houses, and seize their goods, unless their 
master, or some other sponsible man, bind 
to produce them in a competent time ; the 
master or cautioner being always one who 
hath, or shall take the test presently. You 
shall likewise examine all persons upon 
their knowledge of any accessory to the 
said proclamation or assassination, and 
such as refuse to depone upon their 
knowledge you shall keep prisoners. 
You shall examine all upon their oath anent 
harbourers, resettcrs, or concealers of the 
assassinators, or such as were accessory to 
the proclamation ; and if any refuse, make 
them prisoners, bring them into Edinburgh, 
and cause secure their goods. And as to 
the families of such as you condemn or exe 
cute, you shall make prisoners of all persons 
in their families, above the age of twelve 
years, in order to transplantation. As also 
you shall take the oaths of all who compear 
that they shall not harbour, reset, or con 
ceal any of those dangerous rebels, whe 
ther pretended ministers, or adherents, but 
shall discover their persons, and assist to 

the taking or pursuing of them, and shall 
discover who shall harbour, reset, or enter 
tain any of them, to some magistrate or he 
ritor of the ground, that they may raise the 
country and pursue them, till they be ap 
prehended ; and who will not give oath in 
the terms above-mentioned, you shall bring 
prisoners to the tolbooth of Linlithgow, 
there to be kept till further order. You 
shall likewise apprehend all the near rela 
tions of Nimmo, and bring them to Edin 
burgh for further examination. For all 
which this shall be warrant to you, and all 
officers and soldiers employed by you. 

Geo. Mackenzie, 
Geo. Mackenzie, 
Jam. Fowlis, 
Jo. Lockhart, 
And. Ramsay, 
James Graham, 

Perth, Cancel. 
J. Drummond, 
Dav. Falconar. 

Those instructions speak for themselves, 
and as they want a parallel, so they need no 
commentary. We may look upon them as 
the copy according to which the country 
was to be handled at this time, and this 
cruel scene was exactly followed in several 
places for some months, bating some little 
regularities here, which the officers of the 
army at some more distance from Edinburgh 
did not always reckon themselves bound to 
follow. Reflections upon them may be very 
short : such who were parties, I mean both 
in this case, by being officers in the life 
guard, and in other cases, by sharing of the 
spoil, are made judges. What terrible hard 
ships are here put on the poor country ! 
Boys and girls of fourteen and fifteen years 
of age have the oath of abjuration crammed 
down their throat ; and even such as swal 
low it are not free from suspicion, but may 
be kept in custody and so are presumed to 
be perjured. The refusers of the oath, and 
such who do not presently disown the de 
claration, are instantly to be tried by a jury, 
and that jury by former acts of council must 
bring them in guilty, and they are to die 
upon the spot under colour of law. Such 
masters as have the tenderness to refuse a 
contradictory oath, must lose their rent, 
which is secured to those of latitude. Ab 
sents Avho incline not to come under this 
inquisition, and, for any thing known to the 
council or judges are necessarily absent, 




must have their houses burned, if some 
testers do not interpose. And what righte 
ousness and equity can there be conceived 
in punishing the innocent families of sucls 
whom they think good to find guilty, even 
striplings of twelve years of age with trans 
portation ? How iniquitous and heavy an 
imposition was it, though now very com 
mon, that all should be imprisoned who 
would not engage upon oath, to pursue 
ministers and others above-named, and dis 
cover them and their concealers ! Those 
things cannot but stun posterity, and 
make all who hear detest such wicked 
oppression of the rights of men and chris- 
tians. And can any thing but ignorance of 
such inhumanities, or the worst of tempers, 
be at the bottom of the efforts too many 
are making (1715) to bring us back to 
those black times ? 

I have before me a large account of the 
procedure of this commission in the fore- 
said five parishes. The soldiers came out 
the day before, and charged all, young and 
old, to appear before the judges, under pain 
of death. They sat first at Livingstone, 
where many questions were put to some 
of the people anent the king s authority, 
their keeping the kirk, and other matters 
quite extraneous to the designed inquiry. 
The soldiers sat on horseback, with their 
swords drawn, round about the country 
people in the fields. Old and infirm people 
who had not been from their houses for 
many years, were brought out, and those 
who were not able to walk, were brought 
on horses, and such who were not able to 
sit, were tied one to another on horseback ; 
none were permitted to return till the judg 
es examined them. At night, the court 
adjourned to Mid-Calder, and all not exam 
ined were ordered to attend there, where 
the people were examined in the church. 
But, passing these circumstances, I only re 
mark, that all this trouble the country was 
brought to, made no discoveries I can hear 

November 25th, " The lords of his ma 
jesty s privy council approve the draught 
of the oath underwritten, to be offered to 
all persons whom they or their commis 
sioners shall think fit." 

I, A. B. do hereby abhor, renounce, and 

disown, inthepresenceofthe Almighty 
God,the pretended declaration of war 
lately affixed at several parish-churches, in 
so far as it declares a war against his sacred 
majesty, and asserts that it is lawful to kill 
such as serve his majesty in church, state, 
army, or country, or such as act against the 
authors of the pretended declaration now 
shown to me. And I do hereby utterly 
renounce, and disown the villanous authors 
thereof, who did, as they call it, statute and 
ordain the same, and what is therein men 
tioned. And I swear, I shall never assist 
the authors of the said pretended declaration, 
or their emissaries or adherents, in any 
point of punishing, killing, or making of 
war any manner of way, as I shall answer 
to God." 

This is the first shape of the abjuration 
oath, we shall have it just now in the pro 
clamation a little shortened, and this was 
new matter of severe persecution to the 
west and south of Scotland next year. 
That this might be the better pressed, the 
council send west lieutenant-general Drum- 
mond, and, besides him, name many 
particular commissioners in the particular 
districts in the south and west. They are 
mostly the persons named in the beginning 
of this year, with some few others, some 
of whom will corne in just now ; it is their 
instructions and commissions will be of 
most use to the reader, to discover the 
temper of this period. And December 2d, 
I find the council direct the following letter 
to the commissioners of the several districts 
in the southern and western shires. 


" The king s majesty having granted an 
indemnity, February 26th last past, and 
the council considering there may be 
persons within your districts, who may fall 
in to share in that indemnity, and being 
willing none should fall short of it, have 
sent you the following instructions there- 


This is the first time I meet with this 
indemnity, though granted February last. 
What were the motives in the managers to 
keep it up till now, I shall not inquire, 
neither can I learn from the registers it 
was published at all. In February or 




March next year, an indemnity is ! 
* published at the accession of king 
James, but till then I can learn of no other 
since the year 1679. However, they now 
clog the indemnity with the abjuration 
oath, and put it entirely in the hand of the 
commissioners, to apply the king s pardon, 
or not, as they see cause. The instructions 
will best speak for themselves. 

Instructions for applying his majesty s 

" 1. You are, conform to his majesty s 
indemnity, to set at liberty, and free all 
persons imprisoned, or under bond, by you 
not fined : and though they be sentenced 
to banishment, they being under the degree 
of heritors, liferenters, wadsetters, or 
burgesses of burghs royal, and vagrant 

" 2. By vagrant preachers you are to 
understand indulged ministers, and such as 
are in orders, but not licensed according to 
law, whom you are not to dismiss or liberate, 
but upon their enacting themselves, or 
finding others caution for them, that they 
shall not hereafter exercise any part of the 
ministerial function within this kingdom, 
under the pain of five thousand merks, 
otherwise find caution under the same sum 
to remove off the kingdom within twenty 
days, and not to return without license, 
and meanwhile to live peaceably. 

" 3. If any persons already declared 
fugitives, shall within twenty days after the 
date of his majesty s proclamation, address 
to you, and testify their acceptance of the 
said pardon, by taking the allegiance, or 
finding caution to transport themselves out 
of his majesty s three kingdoms, before the 
twentieth day of May next, after the date 
of his majesty s proclamation, and to live 
peaceably till then, and not to return 
without license, on pain of death, you are 
to admit them. 

" 4. But before you offer his majesty s 
said pardon to any of the foresaid persons, 
you are to cause them swear the late oath 
of abjuration, and that they shall never 
take up arms against the king, or any 
commissionate by him, upon any pretext 
whatsomever ; and if they refuse so to do, 
you are to secure them in firmance, until 

you report to the council, and have further 
orders; and you are to give the ordinary 
pass to all such as take the said oath." 
But to awe the country the more, beside 
the former commissioners, some are more 
especially appointed to traverse the country 
with a justiciary power lodged in them 
solely. Thus, December 4th, the council 
send lieutenant-general Drummond to the 
west and south. His commission and in 
structions will best show his powers. 

Commission and instructions to lieutenant- 
general Drummond. 

" Charles, &c. Forasmuch as we and the 
lords of our privy council are certainly in 
formed, that there are certain fugitive rebels 
now in arms, in several places in the south 
and western shires, who by themselves, 
their adherents and accomplices, do daily 
commit great abuses and insolencies, to the 
disturbance of our peace, and the disquiet 
of our loyal people. We, to the effect that 
these rogues and villains may be reduced, 
do, with advice of our privy council, consti 
tute lieutenant-general Drummond, master 
general of our ordnance, our justice in that 
part, to the effect underwritten, with power 
to him to go to the said south and west 
shires, or any parts thereof, where the said 
rebels and their adherents do mostly resort, 
and then and there, as he shall think ex 
pedient, to affix and hold courts of justici 
ary, call assizes, &c. (as in common form 
before specified) and call any of the said re 
bels or their adherents, or persons suspect, 
and cause justice be done on them according 
to law and practick, and acts of parliament 
of this realm, and instructions given by our 
council of the date thir presents. Promit- 
ten, to hold firm and stable; and ordain 
this commission to continue and endure till 
the first of January next." 

Instructions given with the above specified 

" 1. You are to go to the southern and west 
ern shires, where several rebels and their 
adherents are, or do haunt and resort, and 
do commit great insolencies and abuses; 
and for your assistance in reducing and 
punishing them according to your commis 
sion, you are to take with you the forces 




following-, half of the troop of his majesty s 
life-guard, four troops of Claverhouse s 
regiment of horse, the earl of Balcarras, 
Airly, and lord Ross their troops, six troops 
of general DalzieFs regiment, with two 
hundred foot out of the earl of Mar s regi 
ment; and with them you are to pursue, 
take, and apprehend and kill the foresaid 
rebels and their ahettors. 

" 2. You are to call hefore you all such 
persons who have heen in the late rebellion, 
and have not taken the benefit of his ma 
jesty s indemnity, and their resetters, as also, 
all such who have been actors in contriving, 
accessory to the publishing 1 , or affixing-, or 
do any manner of way approve of, or al 
low the late treasonable paper and declara 

"3. You are to quarter the said troops 
under your command, upon your march up 
and down the said shires, either in burgh 
or land, as you shall find most expedient; 
and you are to settle garrisons of horse and 
foot, and dragoons in such places, and con 
sisting of such numbers, as are contained in 
a list given you for that purpose ; and to 
make such alterations in the said garrisons 
as you shall find most proper for the king s 
service, and the peace of the country; arid 
you are to require all sheriffs and ma 
gistrates where those garrisons are to be 
established, immediately to convene the 
commissioners concerned to provide them, 
and to certify the sheriffs and other magis 
trates, that if they prove negligent, they 
will be convened before his majesty s privy 
council, and fined therefore ; and if they be 
negligent, you are to allow the forces in 
that case to take what they want at their 
own hand ; and generally, you are to do 
every other thing necessary, which may 
most conduce to his majesty s service, and 
the good of the country." 

At the same time the council write a let 
ter to the duke of Hamilton, acquainting 
him, that they had sent west lieutenant- 
general Drummond, with a justiciary 
power to go through the western and 
southern shires, and try rebels and fugitives, 
and vagrant skulking persons in the said 
shires, and, where he finds it necessary, to 
establish garrisons, especially in Lanark 
shire ; and desiring that his grace may con 

vene the commissioners, who are 


proper to provide the garrisons with 
all necessaries. 

Besides those powers granted to the lieu 
tenant-general, some other commissions are 
granted to private persons, who Avould un 
dertake them, to search for, and take sus 
pected persons in places which the regular 
forces could not so easily reach. Thus 1 
find a new highland host is brought down 
upon the shires of Renfrew and Dumbarton, 
under the laird of Orbiston. The commis 
sion is a little singular, therefore I insert it. 
Date, December Sth, 1684. 

" Charles, &c. Forasmuch as we understand 
ing there are several rebels and fugitives, 
who do haunt and skulk in the shires of 
Dumbarton and Renfrew, and that there 
are several outed ministers who reside 
within the same, to the great disturbance 
of our peace, if a present remedy be not 
fallen upon for preventing the abuses com 
mitted by the said rebels and fugitives, and 
our people from being debauched into dis 
loyal and seditious principles hy those outed 
ministers. Therefore we, with, and by ad 
vice of the lords of our privy council, do 
give and grant full power and authority to 
William Hamilton of Orbiston, to levy vo 
luntarily two hundred highlandmen of the 
shire of Dumbarton, and with them, or any 
part of them, as oft as our service shall re 
quire, to march to any part of the said shires, 
and pursue, take, and apprehend the said 
rebels and fugitives, vagrant and skulking 
persons and their resetters, and commit 
them to some firmance or ward till they be 
legally tried. And in case any of the said 
persons be in arms, resisting and refusing 
to be taken, we do hereby fully empower 
the said laird of Orbiston and those with 
him, to kill, wound, and destroy them, and 
deliver such of them who shall be taken 
alive, to our next commissioned officer of 
our forces, to be brought in prisoners to 
the tolbooth of Edinburgh, in order to be 
brought to a legal trial, or to be otherwise 
disposed of as our council thinks fit. And 
in pursuance of the said commission, we do 
authorise the said laird of Orbiston, to em 
ploy spies and intelligencers to go in com 
pany with the said rebels and fugitives, as 




if they were in their party, the better 
to discover where they haunt and are 
reset ; and if they can, to apprehend and pre 
sent them unto him for the effect foresaid.* 
As also with full power to the said laird of 
Orbiston, to take and apprehend the per 
sons of all outed ministers, who shall be 
found within, or resort unto the said shires, 
and send them in prisoners to the tolbooth 
of Edinburgh, or deliver them to the near 
est officers of our army, to be brought in 
prisoners accordingly. It is also hereby 
provided, that the said laird of Orbistou 
take care that those persons employed by 
him commit no disorders, and the country 
through which they pass receive no damage 
by them. And for the better encourage 
ment of the said laird of Orbiston, and those 
with him, we indemnify him or them in 
case of resistance, where persons may be 
killed, wounded, or mutilated, and for con 
versing- with rebels and fugitives to the 
ends foresaid, and from all pursuits crimi 
nal or civil in all time coming ; and do de 
clare this our indemnity to him and them to 
be as sufficient and valid as if the same 
were under our hand and great seal ; and 
this our commission is immediately to be 
gin and take effect, and to continue and 
endure till we or our privy council shall 
recall the same." 

The hardships and difficulties the poor 
people in the west and south were brought 
under by this army sent upon them, are 

* The following story is known still to the 
people in the neighbourhood of Duchal. The 
commander of the party employed in Renfrew 
shire, sent two of his men to collect informa 
tion concerning Duchal and his lady to the place 
or house of Duchal. They applied to the lady 
for quarters, pretending to be persecuted cove 
nanters. The lady ordered them to the barn, 
and sent a mess of porridge for their supper. 
They fell to eating the food without asking a bless 
ing. The servant from this circumstance con 
ceived suspicion, that they were not of the right 
kind. The lady was sorely afraid, and laid her 
fears before her husband. Duchal brought the 
two soldiers to the front of his house, and in the 
presence of all his domestics, inflicted discipline 
by the horse-whip on the "rebellious whigs," 
as he pretended on their own averment to consi 
der them, and who had thus by a crafty device at 
tempted to bring him into trouble. After the 
whipping, he bound them hand and foot, and 
threw them into the old vault of Duchal castle, 
till the commander came, and relieved the 
pseudo-covenanters. Ed. 

I indeed inexpressible. Some particular in- 
i stances may come in afterwards, this and 
| the next year ; but the reader will easily 
perceive what furious and exasperate sol 
diers would do, when they had so large 
powers and commissions. We shall pre 
sently meet with more commissions given 
: to some select persons in every shire, 
! which perhaps superseded the giving them 
to particular persons. 

At length, December 30th, after all those 
steps taken to harass and persecute the 
country, before any previous warning given 
to them, of the danger of the societies 
Apologetical Declaration, and the necessity 
of the taking the oath of abjuration, which, 
one would think, ought to have been the 
first step should have been taken, the coun 
cil emit their proclamation against their de 
claration, which I have insert below.* 

Proclamation against a treasonable declaration, 
Dec. 30//J, 1684. 

Present in council. 

Earl of Perth lord high chancellor. 

Lord archbishop of St Andrews. 

Duke of Qucensberry lord high treasurer. 

Lord archbishop of Glasgow. 
Marquis of Douglas. Earl of Kintore. 
Earl of Drumlanrig. Lord Tester. 
Earl of Mar. Lord Kinnaird. 

Earl of Glencairn. L. President of Session. 

; Earl of Strath more. L. Register. 
Earl of Southed. L. Advocate. 

Earl of Pan mure. L. Justice-clerk. 

, Earl of Tweeddale. L. Castle-hill. 

Earl of Balcarras. Gossford. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith : to our lyon king at arms, and his bre 
thren, heralds, macers of our privy council, pur 
suivants, and messengers at arms, our sheriffs 
in that part, conjunctly and severally, specially 
constitute, greeting. Forasmuch as several in 
solent and desperate rebels, having frequently 
refused the reiterated offers of our clemency, have 
of late associated themselves, under a pretended 
form of government, in societies, fellowships, &c. 
and have, in their meetings, at last pulled off 
the mask under which they formerly endeavour 
ed to disguise their bloody and execrable prin 
ciple: 1 , and openly and avowedly declared, in a late 
treasonable paper emitted by them, and affixed 
at several parish-churches, (intituled, The 
Apologetical Declaration and Admonitory Vindi 
cation of the true Presbyterians of the Church 
of Scotland, especially anent Intelligencers and 
Informers) that they have disowned us and our 
authority, and have declared war against us ; and 
from that do infer that it is not only lawful, but 
a duty upon them, to kill and murder all who do 
in any manner of way, serve us, or who do 
assist our judicatures, or forces in the execution 




The names of the sederunt are insert to 
make it the more remarkable, but why the 
title of the proclamation runs, against the 
horrid principle of assassination, the framers 

of our laws (principles inconsistent with all 
government and society, and tending to the de 
struction of the livesof our loyal and honest sub 
jects) therefore we, with advice of the lords of our 
privy council, do hereby ordain, that whosoever 
shall own the said most execrable and treason 
able declaration, or assassinations therein men 
tioned, and the principles therein specified, or 
whosoever shall refuse to disown the same, in 
so far as it declares war against his sacred ma 
jesty, and asserts that it is lawful to kill such 
as serve in church, state, army, or country, shall 
be tried and executed to the death. And fur 
ther, we hereby require and command all our 
good subjects, especially those dwelling in the 
southern and western shires of this our ancient 
kingdom, besouth the river of Tay, that they be 
ready, upon all occasions, to concur with our 
magistrates and officers, in seeking, searching, 
and apprehending; and that they, and each of 
them, do their utmost endeavour, to seek, search, 
delate and apprehend any who shall own the 
said Apologetical Declaration, and the treacher 
ous and assassinating principles therein men 
tioned, or refuse to disown the same, as said is ; 
certifying them, if they fail herein, they shall 
be proceeded against, for their said collusion and 
connivance, with the utmost severity of our laws. 
As also that, when they are required, they shall 
actually concur to keep and secure (as prisoners) 
the said rebels, when they are taken ; and to 
search for, and drive away their goods, when re 
quired by those commissionated by us. And 
since these rebels, after declaring their hellish in 
tentions, for the better performance of their mis 
chievous designs, do lurk in secret, and are never 
discerned, but in the acts of their horrid assas 
sinations, and passing up and down unknown 
amongst our loyal subjects, take opportunity to 
murder and assassinate, and it being necessary 
to provide a remedy against so imminent a 
danger, which cannot be so well done, as when 
the good are differenced from the bad by discri 
minating signs ; at least constant inquiries may 
occasion a continual trouble, even to our good 
subjects : Therefore, as a remedy for these in 
conveniences, we declare it to be our royal will 
and pleasure, and we hereby command and re 
quire all our subjects, within this our ancient 
kingdom, both men and women, past the age of 
sixteen years, not to presume to travel without 
testificates of their loyalty and good principles, 
which they are to have in manner following. 
And we hereby command all heritors, liferent- 
ers, and wadsetters, and, in their absence, their 
factors and chamberlains, to convocate all the 
inhabitants upon their lands, in every respective 
parish, and to bring them before any of our privy 
counsellors, or our commissioners appointed by 
our council, in the shires and bounds under 
written, viz. Lanark, Renfrew, Ayr, Dumbar 
ton, Stirling, Nithsdale, and stewartry of An- 
nandale, Wigton, and stewartry of Kirkcud 
bright, Berwick, Selkirk, Fife, and Kinross, 
Mid, West, and East Lothians, and Bathgate, 
(including our city of Edinburgh, with the sub 
urbs and liberties thereof,) and bounds betwixt 

best knew. The society people ex 
pressly disown it. I do not at all 
offer to defend their paper, yea, I really 
think allowances may be made to the man- 

Spey and Ness, (including Strathspey and 
Abernethy) or any three of them, or before the 
sheriffs of the shire, where there are no such com 
mission, to deliver them an exact list of the 
names of all their inhabitants ; and the master 
and all the inhabitants, shall, in solemn manner, 
in presence of the said commissioners, take the 
following oath, viz. " I, A. B. do hereby abhor, 
renounce, and disown, in presence of the almighty 
God, the pretended declaration of war, lately af 
fixed at several parish-churches, in so far as it 
declares a war against his sacred majesty, and 
asserts, that it is lawful to kill such as serve his 
majesty, in church, state, army, or country." 
And such as can subscribe, are to subscribe the 
same, on a large sheet of paper, for every parish : 
and on performance thereof, the said commis 
sioners are hereby ordained to deliver to every 
such person, a testificate of the tenor following, 
viz. " We, A. B. &c. do, by these, testify and 
declare, that C. in the parish of D. did compear 
before us, and on his, or her solemn oath, before 
almighty God, did abjure and renounce the late 
traitorous Apologetical Declaration, in so far as it 
declares war against his majesty, and asserts, 
that it is lawful to kill such as serve his majesty 
in church, state, army, or country." Which 
testificate we declare is to serve fora free pass to 
all who have the same for all time thereafter, 
arid shall preserve them from all molestation and 
trouble in going about their affairs ; and if it 
shall happen any of the said testificates to be lost 
by the persons who receive the same, that they 
are to have them renewed by them who first 
granted them, and the ministers of the respec 
tive parishes; certifying hereby, all such who 
shall adventure to travel without a testificate in 
manner foresaid, that they shall be holden and 
used as concurrers with the foresaid execrable 
rebels, and as guilty of the foresaid treasonable 
Declaration, and accessory to the designs therein. 
And to the effect this our will and pleasure may 
be made known to all concerned, we hereby re 
quire and command all our sheriffs, and magis 
trates of our royal burghs respective, to cause 
intimate the same at all the parish-churches 
within this kingdom, upon the Lord s day after 
divine service, and that with all possible dili 
gence ; and that the heritors, liferenters, and 
wadsetters in every parish give in their foresaid 
lists, before the regular incumbent minister, and 
such a person or persons as shall be appointed by 
the sheriff and Stewart of each shire and stew 
artry, within the space of fifteen days after the 
said intimation at the parish-churches respec 
tive ; and in case it shall happen any to be ab 
sent from their residences, at that time, upon 
lawful occasion, their master shall take a com 
petent day to produce them, conform to the dis 
tance of the place; and all who are otherwise 
absent, and for whom their masters will not en 
gage in manner foresaid, shall be considered as 
fugitives, their families seized on in order to 
their transportation, and their goods iriven- 
tared and secured; and it is hereby declared, 
that the master shall be answerable that none of 
the goods of the said persons be taken off the 



agers, when they reckoned they had 
gotten such an open affront; and 
I could bear with them in going further 
now than upon other occasions, but the 
reader must observe they go very far. 
I can scarce doubt, but some of the man 
agers knew the nature of their meetings : 
Earlston had given a very fair account of 
them, and yet they take it for granted, 
their fellowships and societies for prayer 
and conference, were a form of civil 
government, and levelled at bloody and 
assassinating designs. 1 am apt to be 
lieve, some of the managers knew other 
things, though they speak thus. And 
upon this false supposition, the procla 
mation orders all that do own this de 
claration, or do not disown it, to be tried 
and executed to death. And that this was 
hard, will appear, not only from the 
scruples we have heard, against owning or 
disowning things, at the order of the per 
secutors, but will be yet plainer, if we 
charitably suppose, what, they say them 
selves, is true, that they were driven to 
this last shift, not from any design of 

ground until those employed by us shall intro- 
mit with them ; and if any of those who corn- 
pear shall own the said traitorous declaration, 
and the principles arid practices therein asserted, 
or shall refuse to disown the same in manner 
above prescribed, the said commissioners are 
hereby required instantly to secure and appre 
hend their persons, and carry them to the next 
burgh, sheriff, bailie of regality, or any of our 
forces who are nearest; and any who shall re 
ceive them, are hereby required to carry them 
to the surest prison next adjacent, there to be 
kept till our council be acquainted therewith, 
and give order therein ; and the apprehenders 
are hereby empowered to call to their assistance, 
such of our lieges as they shall think fit for ex 
ecuting of our commands; and if any shall re 
fuse to concur, we declare they are to be holden 
as concurrers with and assisters of these rebels; 
and that if any heritor, liferenter, or wadsetter 
shall fail in doing as aforesaid, they shall be 
holden as guilty of the foresaid crimes, and 
pursued and punished accordingly : and we do 
hereby strictly prohibit and discharge all our 
lieges whether to burgh or land, as well all 
other house-keepers, as hostler-houses, inn 
keepers, and other houses of common reset, to 
harbour, lodge, or entertain any person what 
soever, unless they have such certificates as is 
above prescribed, under the pain of being 
punished as resellers of, and intercommuners 
with rebels. And for further security and 
prevention of fraud, it is hereby required, that 
the users and havers of the foresaid testificates 
shall be holden and obliged to swear, that these 
testificates are true and un forged testificates, 

assassination, which they say they abhor, 
but merely in self-defence, and they advance 
much to prove, that their assertions go no 
further. But I leave their defences to 
themselves. This I know, that many poor 
country people would not disown their 
paper, not from the least inclination to the 
principles the proclamation speaks of, but 
because they imagined the disowning of 
this paper was a disowning of the poor 
persecuted people, and an approbation of 
the cruelties and hardships put upon them ; 
and it was certainly unaccountable to 
butcher multitudes of them merely for their 
opinion, and that in a very few minutes. 
I may take notice further, that the council, 
or rather criminal court by their direction, 
found the not giving poor country people s 
opinion upon this paper, sufficient ground 
to execute them, even before this procla 
mation ; and the proclamation orders a 
trial and execution upon the back of it : but 
the soldiers would not insist upon this 
nicety, but wherever they found people 
who would not answer their questions, they 
immediately despatched them ; and in this 

and that they are the persons mentioned and 
expressed in them, if the same shall be required 
of them. And finally, for the encouragement 
of such as shall discover any of the said traitors 
and assassins, or any who have been any ways 
in accession to the said traitorous and damnable 
paper, or to the publishing and spreading of the 
same, as said is, or to have been a member of the 
said pretended societies arid fellowships, &c. 
We hereby declare and insure to them, and 
every one of them, who shall discover any of 
these assassinates, or pretended members, a 
reward of the sum of five hundred merks Scots, 
for each of them who shall be discovered, so as 
to be apprehended, and found guilty. And to 
the effect that all our lieges may have notice of 
our pleasure in the premises, our will is, and 
we charge you strictly, and command, that in 
continent, these our letters seen, ye pass to the 
market-cross of Edinburgh, and remanent mar 
ket-crosses of the whole head burghs of the shires 
of this kingdom, and there, in our name and 
authority, by open proclamation, make publica 
tion of these presents, that all persons concerned 
may give exact and punctual obedience there- 
unto, as they will be answerable at their highest 
peril. And we ordain these presents to be 

Given under our signet, at Edinburgh the 
thirtieth day of December, one thousand six 
hundred and eighty four, and of our reign the 
thirty sixth year. 

Per actum Dominorum secreti Concilii. 
WILL. PATERSON, Cl. Seer. Concilii. 

God save the king. 




the act of council appears to warrant them, 
though I do not observe that the procla 
mation does. It needs scarce be remarked, 
that the proclamation involves the whole 
subjects, in assistance to magistrates and 
army, in those severe courses, which was 
hard enough, but now very common, and 
then under a pretext too, to ease the coun 
try, whereas it was really to involve them. 
All above sixteen years are obliged to have 
passes of their loyalty, and these were only 
to be had upon their swearing the ab 
juration oath, as in the proclamation. I 
shall say very little upon this oath ; the 
more frequently oaths, and that in different 
shapes, upon every new turn, be imposed, 
the less they are for the real security of a 
government, and the design of them is lost. 
I own, for as short as the oath is, it runs 
very oddly to me : the swearer disowns, in 
the presence of God, this pretended declara 
tion of war, in as far as it declares war; 
and it seems to need explication as well as 
some parts of the test, and many things 
might hinder persons to swear such a 
proposition as this, who were heartily 
against assassination ; and yet all must have 
this pass, otherwise must be reckoned con- 
currers with the said execrable rebels, and 
owners of the said Declaration. This made 
a short process, and, for any thing I can 
observe, all who wanted a pass, might be 
murdered by the next soldier who met 
them; and every one who refused to con 
cur in harassing these poor people, is 
to be holden as guilty as the refusers ; and 
all persons and public houses who entertain 
any wanting this pass, are laid under the 
pains of being punished as resetters of 
rebels ; and every body who is required 
(by an hostler, or stable-keeper, for any 
thing I know) to swear that his pass is 
good and genuine, must do it ; which, I 
fancy, will be found a clause peculiar to this 
time, and nowhere else to be found. And 
lastly, the proclamation offers 500 merks 
to the discoverers of any that had accession 
to the societies paper, or any of the 
members of the societies or fellowships. 
Their price is much fallen. We have 
seen 9000 merks set upon the discovery of 
an intercommuned minister, and 10,000 
merks on the archbishop s assassina 

tors ; and yet but 500 merks now is 


put upon the alleged patrons of 
assassination. No body can be more for 
a government s discouraging all things 
which tend to assassination and murder than 
I ; but this is an odd way of doing it, espe 
cially when disclaimed in the paper itself: 
and every body must observe, that the for 
mer orders and this proclamation, did, in 
the event, open a wide door to multitudes 
of murders and assassination? of some very 
pious persons, as we may afterwards hear. 
In short the managers took occasion, from 
this unhappy paper of the societies, terribly 
to renew their oppression of the country, 
and maliciously and slanderously to charge 
it upon the body of suffering presbyterians, 
who, as they knew nothing of it, so were 
very far from approving it ; yea, the reader 
will find the societies themselves, after 
wards, in the informatory vindication, dis 
own it as a declaration of war, almost in the 
very terms the government require it to be 
disowned, and asserting, that in this paper 
they acted merely ad terrorem, and for self- 
preservation and expressly disclaiming all 
authoritative and magistratical power; 
however, dreadful was the havoc and 
trouble the whole country was brought 
under for it. 

This will in part appear from the com 
mission given the same day the proclama 
tion is emitted by the council, to great num 
bers in every shire almost, to hold courts, 
and bring every body to trouble, and the 
instructions and powers granted them, 
which I shall next insert. The execution 
of those commissions will come in next year. 

December 30th, the council give the un 
derwritten commission to the persons 
named in it. 


" Charles, &c. Forasmuch as, notwithstand 
ing all the fair and legal methods used by 
us and our privy council, for reducing 
those who have been debauched with schis- 
matical and seditious principles, yet several 
of them do not only continue in their for 
mer irregular practices ; but also consider- 
i ing, that several desperate rebels and fugi- 
I tives, who have been still reset, sheltered, 
I and supplied in the country, since the year 



1679, have now of late erected them- 
selves in a mock form of government, 
do disown us,our authority and la vvs,andhave 
declared war against us, and from that do 
infer that it is not only lawful, but duty on 
them to kill us, and all who serve under us ; 
and yet such inhumane monsters, who, in 
pursuance of their traitorous declaration, 
are daily committing bloody and execrable 
murders, are sheltered, supplied, reset, and 
connived at in several of our shires ; and 
we being fully resolved, that those acces 
sory to the late rebellion 1679, or who re 
set any who was there, and that those 
bloody wretches, and all who any manner 
of way have harboured, reset, sheltered, 
supplied, connived at, or has seen or heard 
of any of them, and hath not given timeous 
advertisement to our nearest magistrates or 
officers of the forces, or have not observed 
the prescript of our laws against irregular 
ities and disorders in ecclesiastical matters, 
should be brought to due and condign pun 
ishment : we, with consent of the lords of 
our privy council, have thought fit to grant 
our full power, authority, and commis 
sion, to the persons aftermentioned, for pro 
secuting the persons guilty of the said 
crimes, in the bounds and manner after spe 
cified. Likeas, we give and grant full power 
and authority, and commission, to John 
earl of Carnwath, William Hamilton of 
Orbiston, Cromwell Lockhart of Lee, John 
Johnston provost of Glasgow, and James 
Lundy of Strathardly, for the shire of 
Clydesdale, the said earl being convener. 
To the earl of Glencairn, lord Cochran, 
lord Ross, the said William Hamilton of 
Orbiston, Houston younger of that ilk, and 
John Shaw younger of Greenock, for the 
shire of Renfrew, the said lord Ross con 
vener. To lord Bargeny, Blair of that ilk, 
Sir Archibald Kennedy of Colzean, Sir 
William Wallace of Craigie, Hugh Cathcart 
of Carlton, and Robert Hunter provost of 
Ayr, for the shire of Ayr, the lord Bargeny 
convener. To the said William Hamil 
ton of Orbiston, the laird of Luss, major- 
general Arnot, lieutenant-governor of 
the castle of Dumbarton, the laird of 
Ardincaple, and John Graham of Dougal- 
ston, for the shires of Dumbarton and Stir 
ling, the said laird of Orbiston being con 

vener. To the earl of Annandale, Sir Robert 
Dalziel of Glenae, Sir Robert Grierson of 
Lagg, Sir James Johnston of Wester-raw, 
Thomas Kilpatrick of Closeburn, and Robert 
Lawrie of Maxwelton, for the shire of Niths- 
dale and stewartry of Annandale, earl of 
Annandale convener. To John viscount of 
Kenmuir, the said laird of Lagg, David 
Dunbar of Baldune, Sir Godfrey M Cul- 
loch of Mireton, and Mr David Graham 
sheriff-depute of Galloway, for the shire of 
Wigton and stewartry of Kirkcudbright, 
Kenmuir convener. To the lord Jedburgh, 
lord Cranston, M Doual of Mackerston, Sir 
William Douglas of Cavers, Sir William 
Ker of Greenhead, Sir William Elliot of 
Stobs, and William Ker of Chatto, for the 
shire of Teviotdale, lord Jedburgh convener. 
To John Riddel of Hayning, Sir Francis 
Scot of Thirlstone, Thomas Scot of White- 
slaid, Sir Robert Pringle of Stitchel, James 
Murray of Dewchar younger, for the shire 
of Selkirk, the said laird of Hayning con 
vener. As also to the commanding officer 
of our garrisons, in the respective bounds 
and shires. To meet and convene at the 
head burgh of the respective shires, and 
their first meeting to be upon the fifteenth 
day of January next ; and in case of absence 
of the conveners named, with power to 
choose their own convener. Appointing 
them, or any three of them, in the foresaid 
shires and bounds respectively, to proceed 
against, punish and sentence, according to 
our laws, such persons therein as they shall 
find, by their own confession, or other legal 
probation, guilty of being present at house 
or field-conventicles, withdrawing from 
public ordinances, disorderly marriages and 
baptisms, and other ecclesiastical disorders. 
And we do further appoint the foresaid, or 
their quorum, within the respective shires 
and bounds, to be our justices in that part, 
with full power to meet at such times and 
places as they shall find convenient, and 
then and there to affix and hold courts, c 
(as in common form) and this to endure 
until the first of March next" 

January 13th next year, I find the coun 
cil add another commission for the shire of 
Berwick, "to Sir Archibald Cockburn of 
Lanton, Sir James Cockburn of that ilk, 
Hume of Linthill, and Mr Charles Hume 




of Ayton, with the earl of Hume their con- | 
vener. And to Sir Archibald Murray of 
Black-barony, David Murray of Stenhope, 
James Nasmith of Posso, James Geddes of 
Kirkid, Richard Murray of Spittlehaugh, 
and William Horseburgh of that ilk, for the 
shire of Peebles, Black-barony convener." 
The day of their meeting is January 22d. 

The council, with this commission, gave j 
them very particular instructions, which 
deserve a room likewise here. 

Instructions to commissioners, to meet Jan 
uary 1 5th next. 

" Imo. You shall meet together, three being 
a quorum, the 15th day of January, and ac 
cording to the proclamation, examine all 
in each parish on oath, upon the interroga 
tories contained therein. And for so doing, 
each of you may examine a parish apart, 
and secure such as refuse, and each of you 
may likewise give passes, in the terms of 
the proclamation, to such as disown those 
horrid principles. 

" 2do. If any person own the principles, 
or do not disown them, they must be judg 
ed at least by three. And you must im 
mediately give them a libel and the names 
of the inquest and witnesses, and they be 
ing found guilty are to be hanged immedi 
ately in the place, according to law. But 
at this time you are not to examine any 
women, but such as have been active in the 
*aid courses in a signal manner, and those 
are to be drowned. 

"Stio. You are to proceed against the 
absent men, not by denouncing them rebels, 
but by holding them as confessed upon a 
pecuniary mulct, and they being thereupon 
decerned, conform to the king s letter, their 
moveables are to be inventared and seques 

" 4to. You must proceed against all who 
are guilty of having been at Bothwell-bridge, 
or were in accession thereunto, except they 
have taken the indemnity ; but you are not 
to proceed so summarily, but give them 
time. And if they take the test, and be 
very penitent, let them find caution, or en 
act themselves to appear when called. 

" 5to. You must likewise proceed against 
heritors guilty of church-disorders, since 
their former fininjr. And if anv have not 

been adequately fined, you may pro 
ceed against them for the superplus. 

" 6to. You may examine witnesses as you 
see cause, against such as are given in the 
list, to be pursued before the parliament. 

" 7mo. If you find probation against heri 
tors not yet delated, you may take them be 
fore you, both as to the rebellion, and the 
late conspiracy. 

" 8vo. You are likewise to cause the whole 
packmen, cadgers, and drovers, within the 
bounds of your shire, find caution not to 
carry letters or intelligence to the rebels, 
or to sell to them, or give them ammunition, 
or supply them any other manner of way, 

" 9no. You are to cause the whole mer 
chants of your shire, who have any powder, 
lead, or any sort of ammunition, or were in 
use to sell the same, give their solemn 
oath as to the quantity and quality thereof, 
and find sufficient caution that the same 
shall not be given or sold to rebels. And 
if they fail to give the said caution, all the 
ammunition is to be secured and taken from 
them, until the same be called for by the 
master of the ordnance, and brought to his 
majesty s magazines. 

" lOmo. If the foresaid packmen and 
other wandering persons in your shire, 
shall not compear, and shall refuse to find 
the foresaid caution, that by order of the 
said commissioners their packs be seized, 
and their persons secured till further order 
from the council. 

"llmo. You shall call for, to your as 
sistance, such parties of horse or foot in 
your district, as you shall have occasion for, 
who are hereby ordered to obey you. And 
you are to meet at such convenient times 
and places, as may be most for the ease of 
the people." 

I meet with no more in the registers re 
lative to this declaration, but what will 
come in next year, under the rigorous exe 
cution of those commissions and instructions, 
unless it be that, January 9th, the council 
empower the magistrates of burghs to tender 
the oath of abjuration to all concerned, con 
form to the proclamation. 

The last thing I promised in this section, 
was to give an account of the criminal pro 
secution before the justiciary, and public 
executions of some country people, who re- 





fused to disown this paper of the so 
cieties about which so terrible a 
bustle was made. 1 shall first give an ac 
count of their process, from the justiciary 
registers, and then give some further hints 
of them from some other papers. 

December 8th, George Jackson, Thomas 
Wood, Alexander Heriot, James Graham, 
and Thomas Robertson, and with them Pat 
rick Cunningham, John Watt, James Kirk- 
wood, Alexander Vallange, and James 
Glover, are indicted, That upon the 28th 
of October last bypast, they did emit a most 
barbarous and hellish proclamation, that 
they would begin their assassination and 
war. Upon the 9th of November, after the 
promulgation of this villanous paper, and 
this paper having been posted upon the 
kirk-doors of Kilbride, Linlithgow, and 
other places, the pannels were taken, and at 
their examination, owned ilk one of them, 
or would not disown that paper upon oath, 
in so far as it declares war against the king, 
and that it is lawful to kill the king s officers 
of state, counsellors, justices, soldiers, or in 
formers, or declare, if they had any hand in 
emitting of that paper. Wherethrough ilk 
one of them are guilty of contriving, emitt 
ing, and publishing the foresaid treasonable 
declaration, at least are adherers thereto, in 
refusing to disown and disclaim the same by 
oath, and ought to be punished with forfeiture 
of life, land, and goods, to the terror of others. 
The five last named, as in presence of al 
mighty God, renounce and disclaim the 
principles above-mentioned, at the bar, and 
their diet is deserted simpliciter. The diet 
against the other five is continued till to 
morrow. December 9th, the lords find the 
libel relevant, viz. that the pannels own, or 
refuse to disown the traitorous proclama 
tion, whereby war is declared against his 
majesty, and asserting, that it is lawful to 
kill those employed by his majesty, to infer 
the crime of treason, as art and part of the 
said treasonable paper, and remit the same 
to an assize. The probation adduced by the 
advocate, is the pannels judicial confession 
in the court yesterday, whereby they refused 
to disown the said paper when read to them, 
to which the pannels adhered, and disowned 
the king s authority. Alexander Heriot 
disowns the proclamation, and at the bar ac 

knowledges upon oath, that it is not lawful 
upon any pretext whatsomever to rebel 
against his majesty, or any in authority un 
der him ; and the diet is deserted as to him, 
simpliciter. The assize bring in the other 
four guilty, by their own confession. And 
the lords sentence them to be taken to the 
Gallow-lee this day, December 9th, betwixt 
two and five in the afternoon, and hanged. 
Thus this matter stands in the records. 
I have some other hints as to those good* 
men, from other papers, which deserve a 
room here. George Jackson lived in the 
parish of Eastwood, and we have heard that 
this fervent zealous country man was taken 
at Glasgow, being overheard praying in a 
house. A little after he was seized he was 
carried before the bishop, and by him ex 
amined upon several questions very captious. 
! It may not be unfit to point at some of 
them, that the reader may have some fur 
ther taste of the bloody and bitter temper 
of the prelates, and the methods they used. 
The bishop asked him, if he was at Both- 
well-bridge. He answered, yes. He was 
next asked if he was an officer, and said, 
no; for he was but sixteen years of age. 
The bishop then asked him, if he was at 
Bothwell rebellion. George answered, he 
allowed himself in no rebellion against God. 
The bishop asked, if it was rebellion against 
the king. The other said, he had answered 
that already. The bishop asked, if he 
would pray for the king. He answered, 
he reckoned it his duty for all within the 
election of grace. The bishop asked, is the 
king within the election of grace, or not. 
George answered, if you were such a man 
as you pretend to be, you would not ask 
me such a question. Then he was asked, 
if he owned authority. He answered, he 
owned the king and inferior magistrates, 
in as far as they were a terror to evil doers, 
and a praise to them who do well, The 
bishop asked, are they not so. George an 
swered, when the Lord Jesus shall sit judge, 
they, and you, and the like of you, will 
count for it, whether you be or not. He 
was asked, if the bishop s death was mur 
der ; and answered, he was not concerned 
with those matters. The bishop left him, 
with saying in a considerable heat, Sir, the 
boots will make you free in your answers. 



All the last winter he was kept in the irons, 
without any fire ; and May last, he was 
carried in to Edinburgh, where, being called 
before a committee of the council, he came 
in with a Bible in his hand ; perhaps he 
would not leave it in the iron-house, and 
had none to give it to till he came back. 1 
would not notice this circumstance, were 
it not to discover the jeering scoffing tem 
per of the persecutors. The advocate says 
when he came near, There comes he and 
his Bible, let us see where the text is. 
George calmly answered, he was not a 
minister. Put up your Bible, says the other, 
we are not for preaching at this time. He 
answered, he was not come to preach, but 
since they insisted upon his Bible s being 
in his hand, which was no crime, he wished 
they would make it the rule whereby he 
was to be judged; for they would ere long 
be judged by it. It was replied, he was 
now come to be judged, and not to judge 
them. And then the ordinary questions 
were put to him, which he answered much 
the same way as above to the bishop. He 
continued in the irons till the bustle about 
the society s paper, and then was posed, if 
he owned that declaration. He answered, 
as far as was agreeable to the word of God ; 
but he allowed of no murder. The council 
remit him to the justiciary, where we have 
heard his sentence. He died in much com 
fort and serenity. 

Thomas Wood, we formerly heard, was 
taken after the rescue at Enterkin-path. I 
have before me his account of his examin 
ation under his own hand. November 12th, 
when the managers are in a rage upon the 
society s declaration, he with others were 
called in, and had that paper read to them ; 
and Thomas was asked what he had to say 
of it. He answered, he never heard of it 
till now, and could scarce understand it, 
the clerk read it so fast. He was asked, 
but do you adhere to it. He answered, as 
far as it is agreeable to the word, but no 
further. But, added they, the covenants 
are in it, do you adhere to these. He an 
swered, I do. And after some questions, 
if he was at Both well, or Ayrs-moss, where 
he was not, he was dismissed. 

James Graham tailor in the parish of 
Corsmichael in Galloway, when coming 


home from his work to his mother s 
house, he was overtaken in the 1G84< 
high way by Claverhouse and a party of 
soldiers. They knew him not, and had 
nothing- to lay to his charge, but searching 
him and finding- a Bible in his pocket they 
took it and his tools from him ; and, with 
out asking- any more questions, no doubt 
reckoning him a disloyal person, carried 
him with them to Kirkcudbright. From 
thence they took him to Wigton, and from 
thence to Dumfries, where he was some 
time in the irons, because he would not 
answer their interrogatories. He was in a 
little time taken into Edinburgh, and 
questioned upon the declaration of the so 
ciety, and refusing to answer, was condemn 
ed, and died most comfortably. 

Thomas Robertson had fled out of the 
south country, and lived some time at New 
castle ; he was there imprisoned upon his 
refusing to take the English oaths. By 
some means or other he got out of prison, 
and came to Edinburgh, where, at the gen 
eral search November last, he was taken ; 
and, when brought before the council, he 
was soon ensnared by their interrogatories, 
and remitted to the justiciary, where he was 
condemned with the rest. By his last 
speech he appears to have been a serious 
pious man. 

Thus we see, none of those persons were 
or could be concerned in the societies pa 
per, they being in prison and elsewhere at 
the time, and since : yet precisely upon 
their refusing to judge about it, and condemn 
it, they are sentenced, and die, to be a pat 
tern to the soldiers in their more summar 
sentences up and down the country, or to 
satisfy the present rage the managers were 
in from the societies paper. 

This is all I meet with from the regis 
ters, relative to this declaration : and the 
reader will find other instances of severities 
through the country in the next chapter. 
Upon the whole, he will with me regret 
the lamentable consequences of that ill- 
worded and ill-timed paper, and observe the 
activity and vigilance of the persecutors. 
They slip no occasion given them of harass- 
ing and oppressing the country, after all 
formerly laid upon it this and former years. I 
come now to finish this year and chapter with 



[BOOK 111 



Some general hints of the persecution, par- 
ticular hardships, and murders in the 
fields, with some other accounts which 
came not so well in upon the former sec 
tions this year, 1684. 

MATTER hath swelled so much upon my hand, 
and I was so knit down by the large sub 
jects, I thought needful to put together in 
the former sections of this chapter, that I 
chose to leave to this place many general 
accounts of the persecution of this year, and 
some particular sufferings, of which I have 
not the distinct dates, and several other in 
cidental things, which deserve the reader s 

I shall first give some further views 
of the severe persecution in all the corners 
of the country, by courts, search ings, 
finings, and banishments, which 1 have 
in vouched accounts from the particular 
parishes, and they are supported by the 
commissions and large powers we have for 
merly seen were granted by the government, 
and then I shall take in some other inci 
dental things from the registers and other 
papers, which tend to enlighten the history 
of this year. The former courts, for which 
commissions were given in the preceding 
years, continued very frequent, and their 
severities increased, as appears by the ex 
travagant finings, searchings, quarterings, 
banishments, and murders in cold blood, 
now beginning. The persons mentioned in 
the former years, continued to squeeze the 
poor country people most arbitrarily for 
alleged reset and converse, noncompearance 
at former courts, and other things now 
made pretexts for oppression. And when 
matter began to fail them within the com 
pass of the foregoing years, since Bothwell, 
they ran as far back as Pentland. Thus 
in Galloway, where that rising began, I find 
the soldiers exacting considerable sums 
this year in the parish of Dairy, as the 
rest of the bonds, extorted by Bannantyne 
and others. Much money was exacted 
from the poor people, and the very interest 
of those notes and bonds reckoned up, and 
their cattle were taken away, and their 

houses rifled, merely upon their pretended 
accession to Pentland. 

In the parish of Tingwall I find finings 
most severe, and papers before me bear, that 
the curate of that place made money by 
them. He used to delate the persons to 
the rourts, and upon pretext of the people s 
inability and poverty, he interceded and got 
down the fine to a small matter, \vhich he 
paid down, and took a right to the whole, 
and then took his own methods to draw 
much more from the persons concerned, 
before they got their discharge. Many 
other ways he had to share in the fines of 
persons of his own delating. 

I find the laird of Lagg holding courts 
frequently in Galloway, the beginning of this 
year, and obliging those who did compear 
to declare on oath what they knew of those 
who did not compear, and if they knew 
where any of the wanderers haunted. In 
the kirk of Dairy, he gathered all the men 
of the parish without signifying what he 
was to do with them, and then brought a 
party of the soldiers and surrounded the 
kirk, with express orders to let none out 
till he gave commission. Then he tendered 
the test to them all, though none of them 
in law were obliged to take it, assuring them 
in the most threatening manner, none should 
get off till they took it. Many took it 
against their inclinations. And when by 
fair means and foul he had prevailed with 
them, he said, * Now you are a fold-full of 
clean beasts, ye may go home. Yet after 
wards getting new informations from his 
spies, about some of them, he afterward ha 
rassed severals who had sworn, and fined 
them, though they were legally purged, from 
their alleged faults, by taking the test. I 
find he exacted upwards of seven hundred 
merks from three men who had qualified. 

David Graham, about the same time, held 
courts at the kirk of Twinam and that 
neighbourhood, mostly about nonconform 
ity. His great interrogatory was, if they 
kept the church, and when many could not 
depone in terms of law, they were fined, 
and the fines exacted with all rigour. Courts 
were held also in the parish of Alnwick, and 
the same methods followed, only with this 
difference, that the day before the court, 
soldiers were sent to the houses of those 

CHAP. VI11.; 



they chiefly had an eye upon, to quarter 
there, and bring them with them to the 
court to-morrow. 

At Kirkcudbright likewise there were 
courts, not only about nonconformity, but 
also reset and converse. The curate caused 
almost the whole parish to be cited, and sat 
in the court, and excused and accused as he 
saw good, and gave characters of the per 
sons appearing, and a secret mark was put 
upon such as he alleged were backward in 
keeping the church, though they declared 
or deponed in court they were regular, that 
afterward they might be narrowly looked 
to. At this court masters were sworn, 
that as soon as they found their servants 
kept not the church, they should be dismiss 
ed, and parents the same way as to their 
children. James Martin of Dularg was 
brought to much trouble at this court. We 
have met with the sufferings of his son 
William Martin. I shall here take occasion 
to insert a hint of the old man s troubles. 
He had been fined most groundlessly by 
Middleton s parliament, in five hundred and 
ten merks; and when he refused to pay that 
fine, being conscious of no crime, that, and 
almost as much more, was taken from him 
by force, as appears by a discharge under 
Sir William Bruce s hand. He lost much 
by Sir James Turner s quarterings upon 
him for his wife s nonconformity. An 
hundred pounds were taken from him for 
baptizing a child with a presbyterian minis 
ter. Some time after, John Maxwell of 
Milton fined him in a large sum for his 
wife s nonconformity, and three yoke of 
oxen and some horses were taken away up 
on his refusing to pay it. At length, he 
raised a process of reduction against Milton 
before the council, which cost him upwards 
of an hundred pounds; and the council were 
so sensible of this persecutor s exorbitan- 
cies, that for this and other things for a time 
they took away his commission. Being this 
year cited before this court at Kirkcudbright, 
at the instigation of Mr Colin Dalgleish 
curate, he was fined in a thousand pounds, 
for his wife s not keeping the church, and 
cast in prison till he paid it. There by the 
severity used, and want of accommodation, he 
catched a cold, and took a violent cholic, 
whereof he died in prison. 

Thomas Lidderdale this same year, 
held courts likewise at Kirkcudbright l ( 
of a more extensive nature. To these all the 
neighbourhood were cited, women as well as 
men, and interrogate upon oath. After some 
questions about themselves, anent the names 
of all irregular persons they knew, and wan 
derers, and where they frequented in that 
country ; and particularly if they knew 
where any of their goods and gear were, or 
any person who had any thing that belonged 
to them ; and, according to the informations 
given, such persons were presently harassed, 
and their houses rifled. 

The test was now generally pressed at 
the courts which were held, and by the 
persons mentioned in the proclamation, as 
empowered to grant it as a favour. A great 
deal of rigour was used this way at Glasgow. 
Whoever the people who held courts were 
pleased to suspect, had it tendered to them ; 
and if they refused, to prison they must go, 
though no other thing could be laid to their 
charge ; and not a few were prevailed with 
to take it over the belly of their light and 
conscience, which gave occasion to some 
bitter and sore reflections afterwards to 
severals of them. A few instances of many 
that might be given shall here suffice. 
William Spaldie, tailor in Glasgow , took, 
and subscribed the test, and in a little time 
fell under great remorse for taking the Lord s 
name in vain, and swearing that contradic 
tory oath, as he now apprehended it to be. 
In this trouble of mind he continued some 
time, and died not long after in great dis 
tress. Some good people visiting him on 
his death-bed, endeavoured to comfort him, 
but he refused all of that nature. When he 
was desired to consider the extensiveness 
arid greatness of God s mercy in Christ, he 
answered, * Speak not of mercy to me, I 
have appealed unto God, and attested him, 
to judge me, and he will do it. I have 
sealed and signed my condemnation with 
mine own hand. Remarkable and lament 
able was the expression of William Muir- 
head vintner there, at his taking the test 
He was but a coarse man, yet his conscience 
got up upon him on the taking of it ; and 
when he rose from his knees, he said to the 
administrators, Now you have forced me to 
take this test on my knees, and I have not 




bowed my knee to God in my family 
these seven years. The poor man 
went away much discouraged, and next 
sabbath was taken with a sudden illness, 
and died. I only mention another instance 
of the dismal consequences of this violent 
pressing of this oath. John Anderson 
indweller in Glasgow, was prevailed upon, 
with many others, to take the test, and 
not long after, his right hand and right 
knee broke out in a running sore, com 
monly called the cruels. For my share 
I dare not fix connections in matters of 
this nature, I only narrate fact, and what 
the poor man s own apprehensions were. 
This evil grew upon him, and not many 
days after he died in great terror, and used 
to cry out, This is the hand I lift up to take 
the test, and this is the knee I bowed. We 
ought to be very sparing in making par 
ticular peremptory consequences from 
providences ; but these matters of fact are 
known to severals yet alive, and many 
things of this nature were observed up and 
down the country, but those instances 
may suffice. 

The quartering of soldiers for nonpay 
ment of the cess, was another thing at this 
time most vexatious to the country. That 
tax was imposed, and the method of 
gathering it so ordered, as, one would think, 
an occasion was sought to stumble the poor 
country, and to give room for the soldiers 
to spoil and ravage. The narrative of the 
act imposing it hath been already noticed, 
and many honest people did think, that in 
paying it, they consented to all the black 
and foul things committed by the soldiers ; 
and their refusal became new matter of 
sore persecution. A party of soldiers was 
brought upon the refusers by the uplifter 
of it, and they quartered till ten times the 
value of the cess was taken ; and, after all, 
ofttimes the poor man s friends behoved to 
compound with the publican, for a sum a 
great deal more than the cess came to, 
besides the loss by quartering. Thus in 
the parish of Carsphairn, seven cows were 
taken away from Gavin Maclymont upon 
his refusal, after quartering, to pay the cess, 
and all the sum owing was not five pounds 
Scots. Vast depredations were made in 
most parishes this way. 

Multitudes were banished this year from 
their native country, many of whom never 
returned. We have heard of several 
instances already ; I shall add but one or 
two here. John Gate thatcher in Glasgow, 
being at his work upon a house, some 
soldiers going out upon a party, came to 
the house, being an ale-house, and called 
for ale and brandy. The officer called John 
down from his work, to drink with them. 
He was unwilling, but durst not refuse lest 
he should be suspected. When he came 
down, he was ordered to drink the king s 
health, this he modestly declined and 
waved ; and it being insisted upon, and he 
refusing, he was straight sent to prison, 
and in a little time banished to Carolina. 
An attested account is come to my hand, 
since I wrote what is above, of the suffer 
ings of John Gate wright in Glasgow, 
wh om I take to be the person just now 
named. When he was imprisoned, his 
wife Agnes Andrew, yet alive, a religious 
and worthy person, was likewise imprisoned 
in a different room. Their small family, 
consisting of eight young children, was 
scattered, several of them were at the time 
sick of a fever, and yet most barbarously 
turned out of the house, and the house 
locked up, and all in it seized. Agnes in a 
little fell ill of a fever and flux in prison, 
and could not get out till a surgeon gave a 
certificate of the hazard of her life, she 
being with child. When liberate, the 
magistrates would not permit her to return 
to her own house, nor meddle with any 
thing in it, and the inhabitants being 
frighted with prosecutions for reset of 
disaffected persons, this afflicted person had 
no place but the open street to lodge in 
with her sickly children, till the excellent 
lady Ardrie allowed her a brew-house to 
stay in, with no small hazard to herself, 
and there three of her children died. Her 
husband continued in the irons many 
months, till transported in the Pelican of 
Glasgow, with others, to America, where 
he soon died. Nothing was or could be 
laid to his or his wife s charge, but simple 
nonconformity. George Russel in West 
Redmyre, in the parish of Cambusnethan, 
being informed against for baptizing a child 
at a conventicle some years ago, without 




any probation, was carried to Lanark tol- 
booth, and from thence to Edinburgh, where 
he was gifted for a recruit, and sent to the 
army abroad, where he died. 

No small severities were exercised this 
year upon the account of house-conventi 
cles, and there were none in the fields but 
what Mr Ren wick kept. John Smith, who 
had been at a conventicle, in his return 
falling sick, sat down in the fields. A par 
ty of soldiers coming that way, without 
any probation or process, or any further 
ceremony, shot him in the fields where 
they got him. 

Another instance of the severity of this 
period follows. Upon the last of December 
J684, a poor man in the parish of St Mun- 
go, was taken out of his bed by captain 
Dalziel, merely because he acknowledged 
he did not hear the curate. The test was 
offered him, and upon refusal, he was put 
in close prison at Dumfries, and threatened 
with death. In March he broke prison, 
and got into England. His wife and seven 
small children had all taken from them, and 
went likewise into England begging. The 
persecution there turning hot, she returned, 
and when she had waded the river many 
times, bringing through her children one 
by one upon her back, she came to an ale 
house, and sitting there peaceably, Wester- 
raw, and some other persecutors came in, 
and required her to take the test, or im 
mediately to go to prison at Dumfries, and 
leave her seven children. She only begged 
they might allow her to take the youngest, 
a sucking child of about a quarter old, with 
her : by no means would they yield to this, 
but allowed her till to morrow, and bid 
her prepare to die, for they would drown 
her, if she continued to refuse the oath. 
Next morning she was asked, if she would 
swear, she said, she would not. She was 
asked, if she approved murder, she answer 
ed, she did not, it was not their sort who 
were murderers. They told her, that was 
enough to take her life. However, they 
carried her prisoner with them to Dumfries, 
. and would not permit her to take her suck 
ing babe with her. There she continued 
five weeks prisoner. The Lord moved 
some to look after the infant, and the six 
others who were able to walk came after 

wards to Dumfries ; and the eldest ap 
plied to the bailies, that they might * 
ha/e but liberty to see and speak with their 
mother. This was refused, and they put out of 
the place. One of them going by the prison 
saw her looking out at a window, but was 
not suffered to speak to her ; when forced 
away, the child blessed the Lord he had 
once more seen her. The mother was sent 
in prisoner to Edinburgh, whither the 
children followed her, and the council had 
some more compassion, and at length liber 
ate her. 

Let me add another instance of the sol 
diers carriage. Two soldiers came from the 
garrison of the Sorn, to lift the cess or lo 
cality in the parish of Dalmellington, and 
were lifting it in a country room in Sloan- 
ston, possessed by Andrew Mitchell. This 
place lying towards the mountainous part 
of Galloway, the wanderers and persecuted 
people upon their hiding, were sometimes 
appearing in the neighbourhood, the two 
soldiers meeting with two of them endeav 
oured to seize them, and were wounded, 
but not dangerously. When the accounts 
of this came to the garrison, lieutenant 
Dundas with all his men, came to the vil 
lage of Dalmellington, and sent out some 
and seized Andrew Mitchell s whole goods, 
amounting to twenty bolls of corn, twelve 
cows, besides sheep and horses, though he 
was no way concerned in the scuffle. The 
soldiers continued there a fortnight on free 
quarter, to the great charges of that place. 
The lieutenant called before him a great 
many people, he alleged had conversed with 
the hiding people. The curate of the place, 
Mr Lang, was very useful to him in point 
ing out the persons. Fifteen persons, 
whose names are before me, refusing to give 
oath as to converse, were sent prisoners to 
Glasgow, and continued there seventeen 
days. They were fined in a thousand 
pounds Scots to the fiscal, and five hundred 
merks to the wounded soldiers, and gave 
bond to answer there in June. And one 
of them, James Gibson of Erris, was dis 
tressed for the whole sum, and forced to pay 
it, and he allowed retrocession upon the 
rest for their proportions, as appears by the 
bonds, receipts, and discharges, yet prescrv 
ed ; and their loss one way and other, was 

17 2 



really more than the sum they actually 
paid ; and yet no crime could be charg 
ed upon them. Besides these, the lieutenant, 
in February, seized some of the most sub 
stantial of the inhabitants in the little town 
of Dalmellington, and carried them prison 
ers with him to the garrison, till, as he said, 
he should see if the soldiers would recover; 
and kept them there fourteen days, though 
not in the least concerned in the affair. 

I am sorry 1 can give so short accounts 
of the sufferings of John Corsan of Balman- 
gan, in the parish of Borg in Galloway, last 
year and this. That gentleman was impri 
soned for refusing the bond of regularity, 
and continued close prisoner nine months. 
He was fined in 6000 merks, and paid it 
every farthing, as a discharge, in his grand 
son s hands at present, bears. His lady 
was imprisoned by colonel Douglas, and, 
for refusing the abjuration, received an in 
dictment; and it was given out, they design 
ed to sentence her to be drowned within 
the sea mark, at the ferry of Kirkcudbright; 
but king Charles death put a stop to this 
and some other processes of this kind. 

In the kirk of Borg Claverhouse held a 
court this year, to which all the parish were 
summoned, and ordered to bring with them 
all the arms they had. All who came 
were forced to swear these were all they 
had, and they were taken from them, and 
carried to Dumfries, where, as was then 
said, they were given to the earl of Niths- 
dale and other papists. I doubt not but 
all the protestants of that country were 
disarmed, though 1 have not accounts from 
other parishes. 

Another instance of the soldiers murder 
ing in the fields, I have before me, attested 
by several persons yet alive. This summer, 
about the month of July, Lewis Lauder, a 
subaltern officer in the garrison of Sorn, 
ivas riding up and down upon some search 
or other ; and at the Woodhead of Tarbol- 
ton, in the shire of Ayr, he meets William 
Shirinlaw in Stairhead, aged eighteen years 
or under, and consequently could not be 
either at Pentland or Bothwell, he was not 
in the Porteous roll, he was indeed of the 
cumber of those who were given up to the 
toldiers by the curate, for mere nonconfor 
mity. Lauder seeing him at some distance 

; cross the road, he being about his business, 
I ordered off one of the dragoons, John 
Guthrie flesher in Ayr, to apprehend him. 
When he was brought up to the party, 
after a few of the ordinary questions asked, 
Lauder ordered him to be shot, which was 
! done on the spot. The party went straight 
to the Stairhead, where the said William 
had been servant, and seized Paul Lamont 
and Matthew Bell in Stairhead, Avith 
Bosvvell in Stair, against whom they had 
nothing I can learn but their nonconfor 
mity, and keeping the said William as their 
servant. Those three were carried out to 
the fields near by, after their examination 
upon the ordinary questions, and Lauder 
ordered them to sit down on the ground 
upon their knees and cover their faces, m 
order to be shot presently : but by the good 
hand of providence he was restrained, 
his men positively refusing to obey his 
orders, telling him, one in a day was suffi 
cient. Thus we see, before the council s 
inhumane orders for shooting in the fields, 
the soldiers had made experiments cf this 
more than once. And we shall next year 
have a vast many instances of this black 
work. Such a procedure obliged the hid 
ing persons to have arms with them, go 
where they would; and such fearful bar 
barities drew forth the society s Apologe- 
tical Vindication. 

At this time, the death of John Alison 
chamberlain in Nithsdale to Queensberry, 
made a great noise ; he had been an apos 
tate from a profession he had taken up 
before the restoration, and turned a bitter 
persecutor. His torment in body made him 
roar, but he had heavier torture in his 
spirit for his bygone ways. He died in the 
greatest agony and terror ; yet the living 
laid it not to heart, but the persecution 
went on in its full vigour. 

In July or August this year, the rescue 
of the prisoners at Enterkin-path fell out, 
and I promised in this place to give some 
account of it, which I now come to do, from 
some papers writ about this time. It brought 
much trouble to Nithsdale, as we have 
heard, and three good men were executed 
upon this score most unjustly. 

Out of the multitudes who were this 
year cast in prison in Dumfries, many par- 




eels were sent in to Edinburgh, as the man 
agers saw good, where they were banished, 
transported, or executed, if they were not 
prevailed upon to make some compliances 
to save their lives.. About this time, nine 
prisoners were ordered in to Edinburgh, 
under a guard of twenty-eight soldiers ; the 
writer of this account now before roe, was 
one of the prisoners, and Lochear, a gentle 
man of a small estate in Glencairn parish, was 
another, a further account of whom will 
come in presently. Some of their friends 
who were upon their hiding in the country 
about, getting notice of this, resolved to do 
what they could to rescue them, and chose 
the narrow path of Enterkin, in the road 
from Dumfries to Edinburgh, as the most 
convenient place for their purpose. There 
they posted themselves in the best manner 
they could ; and when the prisoners came 
up, two and two tied together upon horses, 
they demanded them ; they were answered 
with a volley of shot, which they returned, 
and scattered the guard, and unloosed 
seven of the prisoners, and took them with 
them. One of the soldiers was killed, and 
several of them wounded. The soldiers 
carried off one of the prisoners, and Lochear 
was rescued after he had been miserably 
treated, as we shall hear. This prisoner 
was John M Kechnie, a singularly pious 
man in Galloway : the soldiers, according to 
their orders, shot at him, missed his body, 
but shot him through the arm, which, 
through want of care about him at Edin 
burgh, putrified and gangrened, and he died 
of this after thirteen weeks patient endur 
ing great trouble. The soldiers with their 
prisoner carried in the accounts of this 
scuffle to Edinburgh. Orders came from 
thence to all above fifteen years of age, in 
Nithsdale, to arm and meet the gentlemen 
and soldiers in their appointed places, that 
they might search the whole shire for res 
cuers of the prisoners, and warning was 
given next sabbath in the churches. Ac 
cordingly every parish met, having some 
soldiers with them, searched mosses, muirs 
and mountains, woods, and eveiy corner o 
the shire, but 1 do not find they catche 
any prisoners that day of the general search 
When this failed them, next Lord s 
intimation is made from pulpits in ten o 


welve parish -churches nearest En- 
erkin, that all persons above fifteen 
ears should meet at new Dalgerno next, 
nd declare upon oath what should be in- 
uired at them. Multitudes came, and were 
nterrogate as to reset or converse, if 
hey knew any guilty of it, if they knew 
who rescued the prisoners, or which w r ay 
hey went, or where they are now. It 
was but a few they could examine that 
lay, and so the soldiers divided into the 
everal parishes, and appointed several dis- 
ricts up and down the country, a.nd with 
hem Mr James Alexander sheriff-depute* 
The laird of Stonehouse, and other heritors 
n the different parishes, accomplished yet 
i more diligent search. The sheriff-officers 
went from house to house, and they were 
appointed to return written executions of 
their summons, that there might be none 
omitted by paction, bribes, or the like, and 
;he episcopal ministers in each parish were 
bliged to give in their rolls upon oath. At 
those courts the forementioned queries were 
proposed, and the strictest inquiry possible 
was made, who kept not the church, who 
heard, married, or baptized with outed min 
isters, and the like ; as to which many 
had been interrogate, I know not how oft, 
formerly. The absents had soldiers sent 
upon them, and multitudes were imprisoned, 
or found caution to answer. This work 
continued about six weeks, and then the 
circuit met, of which already. The reader 
will easily guess what a vast trouble this 
.inquisition brought upon that country. 

1 promised to give some hint at the 
cruelty exercised upon the forenamed laird 
of Lochear, at this time. This gentleman 
had been at Pentland, and was apprehended 
upon that score, and imprisoned half a year. 
He came out upon the bond of peace, which 
afterward proved a matter of disquiet to this 
good man. He was at Both well, and from 
that time to this he was much upon his 
hiding. The laird of Stonehouse had got 
his estate upon his forfeiture, and some time 
before this he had been apprehended by a 
soldier, and carried in to Dumfries, and was 
in great straits for his very subsistence in 
prison. He was among the prisoners res 
cued at Enterkin, and after he was loosed, 
being in confusion, and not retiring where 



he should, fell in among 1 the soldiers, 
" who were barbarous to him. He re 
ceived a shot with small lead in the face, at 
some distance, which deprived him of his 
sight, and after that they wounded him 
cruelly in the head and body, left him for 
dead. But the rescuers coming up, the sol 
diers retired, and he was sent to a country 
house near by, and his friends advertised, 
who came and took care of him as privately 
as might be. In a little time, Stonehouse, 
who possessed his estate, getting notice he 
was in the neighbourhood, came and held a 
court. The gentleman s brother, among 
others, was obliged tocompear, and being in 
terrogate upon oath, if he knew where Loch- 
jar was, confessed he had him in his house, 
and told them, he was just a dying in every 
body s account. Straightway a party of sol 
diers was sent, and the blind, wounded, and 
in probability dying gentleman, was brought 
to the court; and his brother, and all they 
could learn had showed the least act of hu 
manity to him, were made prisoners. When 
Lochear was in the court, he was asked, 
how he liked his present circumstances, by 
the test which he once had in his offer, and 
would have saved him. He answered, the 
test was more terrible to him than all he 
had met with, or all they could do. Stone- 
house said, he would not quit his old ill- 
natured thrawn principles for all that is come 
on him, and ordered him to be carried 
straight prisoner to Dumfries; thence he 
w r as carried into Edinburgh where he lay 
long extremely weak. However his patience 
outwearied them, and at length he was dis 
missed without any sinful conditions. 

While the country about Enterkin was 
thus harassed, the laird of Lagg and others 
were not idle in Galloway. In harvest he 
held a court at Carsphairn church. Upon 
the sabbath-day he came from Sanquhar 
with a party of soldiers, and in the road, at 
the Holm of Dalwhairn, he seized a young 
man, George Lorimer, and would have him 
drink the king s health. He refusing was 
made prisoner, and sent to Dumfries, where 
in some time be broke prison and escaped, 
and for any thing I know, is alive still. 
Upon Monday he called all the parishioners 
one by one, and upon oath made them de 
clare what they knew about any persons 

hiding or wandering in that neighbourhood, 
what they were, where they were, and who 
harboured or conversed with them, and 
lastly, about their own keeping the church. 
Mr Peter Peirson curate of the parish sat 
with him in the court, and informed him of 
the characters of such who were present, 
and of all the absents, and upon this infor 
mation parties were sent through the parish, 
who spoiled their houses, and brought in 
many old and infirm people, women with 
child, and the sick, who had not compeared 
before Lagg, and they were treated rudely 

The parishes in the south now had their 
hardships very frequent, and one upon the 
heels of another ; and so a little after En- 
terkin-path, lieutenant Livingstone came 
from Nithsdale to Carsphairn with a troop 
of dragoons, and swore all the people about 
the head of the water of Ken, as above. 
Claverhouse came after him with five or 
six troops, and went through all the hills 
thereabout, searching for persons on their 
hiding, and made as many as he pleased 
answer his interrogatories upon oath. 
Wonderful were the preservations of the 
persecuted about this time. The soldiers 
frequently got their clothes and cloaks, and 
yet missed themselves. They would have 
gone by the mouths of the caves and dens 
in which they were lurking, and the dogs 
would snook and smell about the stones 
under which they were hid, and yet they 
remained undiscovered. This was the case 
of Gavin Maclymont at Cairns-hili-muir, 
and others. 

One instance of cruelty to an old woman 
of seTenty three years in Carsphairn, de 
serves its room here. Her son had been 
cited to some court 1680, for hearing Mr 
Cameron, and upon his noncompearance he 
is intercomuned, and her house at that time 
spoiled when they missed him. This year 
the soldiers came again, and not finding the 
son, they carried his mother prisoner to 
Dumfries. There they offered her the test, 
which, through advice of friends, she was 
almost brought over to comply with ; but 
when they saw her like to 3 ield, they 
would further have her to swear she would 
never speak to, or harbour her son. This 
she would by no means comply with. 




Thereupon next market-day the poor old 
woman was scourged through the town of 
Dumfries. This she bore most patiently, 
aud after all, before she was liberate, she 
behoved to pay two hundred merks. 

Many were the severities now exercised 
in Galloway. Macdowal of Gillespie in the 
parish of Luce was dead some time ago, 
and his lady Janet Ross, liferentrix of the 
estate, had corporal Murray, with thirteen 
dragoons and their horses, sent to quarter 
upon her at the instigation of the curate, 
and for mere nonconformity. They stayed 
five or six weeks, and in the harvest time 
almost destroyed the whole crop. They 
shot the sheep in the fields, and at length 
forced her from her estate, and she retired 
to Ireland about twenty months. All her 
tenants almost were obliged to appear first 
at Ayr, which is near fifty miles distant, 
and then cited into Edinburgh, which is 
about ninety miles, only to be witnesses 
against the lady for her nonconformity. 

Charles Stuart now in Knock, in the 
same parish, was apprehended by Claver- 
house in the throng of harvest, and was 
cast into Stranraer prison, and got not out 
till he paid three hundred merks for bap 
tizing his child with Mr Samuel Arnot. 
He was summoned likewise to Edinburgh 
as a witness against Sir James Dalrymple 
of Stair, and his lady for her nonconformity, 
and obliged to wait on seventy two days at 
Edinburgh upon his own charges. He had 
likewise a journey to make to Dumfries 
and to Ayr, though he had nothing to wit 
ness against those excellent persons. Great 
was the trouble multitudes were put to at 
this time, by their being cited witnesses 
hither and thither. 

The persecution for bare nonconformity 
was very violent every where, through the 
whole of this year. In many places they 
had rid themselves of the most part con 
cerned in the rising; and they had not 
many of the elder sort to exercise their se 
verity upon, but noncompearers at their 
courts, and nonconformists to the curates. 
Indeed every day almost was casting up 
some new snare or other, from which an 
handle was taken to increase the persecu 
tion. 1 only give one instance. In Sep 
tember major Balfour seized Colin Allison a 
weaver in Glasgow. That same day upon the 


street Balfour had challenged his son, 
but he escaped out of his hands, and 
the major went straight to his father, though 
he had nothing to charge him with, and 
took him out of his house, and put him 
in prison ; there he lay till the year 1G88, 
and all for simple nonconformity. I only 
add another instance of the barbarity of the 
soldiers, in November this year, upon 
Robert Watson in Balmore, in the parish 
of Badernock, five miles north of Glasgow. 
This good man had been paralytic for six 
or seven years, so that he stirred not off 
his bed, neither could he receive meat or 
drink without help. Upon information 
from the curate, Mr Stirling, this man was 
seized as a disaffected person. That same 
day Mr James Gilchrist, chaplain to the 
laird of Glorat, afterwards an useful 
minister at Kirkmichael, was brought in 
prisoner. About eight o clock at night, 
the party came into Robert Watson s house, 
and took one of his horses and yoked in a 
sleclge, and carried Robert and his couch 
he lay on, with his head and feet lying 
over the sledge, and in that posture 
under heavy rain they carried him into 
Glasgow that night. When he was ex 
amined at Glasgow, considering his circum 
stances he was soon dismissed, and the 
soldiers cursed the curate for putting them 
to this trouble. 

I shall shut up this general account of 
the persecution this year, with the sufferings 
of William Hannah and his son, in the 
parish of Tunnergarth in Annandale, of 
which a narrative lies before me, attested 
by persons who knew them, and indeed 
they are very remarkable. 

William Hannah was taken October this 
year. Since the establishment of episcopacy 
this good man was a strict nonconformist, 
and would never hear the established 
ministers. In the year 1667, he was im 
prisoned for hearing a presbyterian minister, 
and fined in an hundred pounds. He was 
a near neighbour to the curate of the parish, 
who in the year 1$78, turned very severe 
upon him for his nonconformity, having 
nothing else to charge him with. William 
was cited frequently to appear before the 
session, and refusing to appear, the curate 
was going on to excommunication, and came 
the length of the first prayer, but saw fi| to 



[BOOK 111, 

1684 st P there A child of William s died, f 
and the curate would not suffer it to ! 
be buried in the church-yard, and set a 
watch upon William s burial-place. How 
ever, January 1st, 1679, some came to make 
the child s grave. The curate being 1 
informed, came out himself in great fury, 
and took away the spades and shovels, and 
told them, if they buried the child by night 
or day, he would cause trail it out again, 
since he knew not if it was baptized; so 
the man was forced to bury elsewhere. 
Mr John Welwood came into that parish 
where his father had been minister, and 
preached several sabbaths. The curate 
procured a court to be held, at which many 
gave bond to carry regularly, and not to go I 
to conventicles. This William refused, and 
was brought to no small trouble. In the j 
beginning of the year 1679, he was forced 
to go upon his hiding. In November 1681, 
for not paying 13 shillings Scots of cess, he 
had an horse worth four pounds sterling 
taken from him. In the year 1682, when | 
the courts turned throng and severe, he I 
and his sons were forced to wander, and 
endured great hardships for some time. ! 
By the circuit 1683, he was denounced and j 
declared fugitive; and about that time, the j 
curate hearing that a gentleman in the 
parish who did not hear him, and William, 
were both at homo, sent to Dumfries for a 
party who catched the gentleman, and 
William very narrowly escaped. This 
year 1684, being weary with his tossings, 
William went over the border to England, 
hoping to breathe a little there; but ere 
long colonel Dacres seized him, and sent 
him under a guard ; and October 26th, 
Sprinkel with his troop received him, 
and some more prisoners, at the border, 
whence they were brought to Annan, and 
next day to Lockerbridge, when Queens- 
berry ordered him to be carried to Dum 
fries, where he lay in irons, till the prison 
ers, as we heard, were carried into Edin 
burgh and Leith. From Leith he was 
orought up to the Canongate tolbooth, and 
cast into a dark pit, where he had neither 
air, nor the least glimpse of light for some 
days. Here, and no wonder, he fell very 
sickly, and begged the favour to be let out 
to the guard-hall, that he might have the 
free air; which was refused. The soldier 

who brought him in his small pittance of 
meat or drink, when he opened the pit 
door to let him in, said, " Seek mercy 
from Heaven for we have none to give 
you," adding other blasphemous expres 
sions which 1 shall not repeat. Here 
he lay nine days without any thing charged 
upon him but nonconformity, at length he 
was brought up to the Canongate tolbooth, 
where he lay till he was sent to Dunotter, 
as we shall hear. 

His son s sufferings deserve our remark, 
and I know not where they come in better 
than here. William Hannah not yet six 
teen years of age, because he kept not the 
church, was in the year 1 682, forced to flee 
to England, where he abode some time. In 
September that year he returned home, and 
fell sick of a very sore ague. When he was 
under it, and so weak as he could scarce 
stand, the soldiers fell upon him in their 
searches, and carried him with them on foot 
three or four days in their rangings up and 
down. Coming to the grave of one who 
had been shot, and buried in the fields, they 
set him on the grave, and covering his face, 
bloodily threatened him, if he would not 
promise regularity, and other things then 
pressed, they would shoot him straight. 
The boy told them, God had sent him to the 
world and had appointed his time to go out 
of it, only he was determined to swear 
nothing he reckoned sinful ; he was now in 
their power, and they might do as they 
would. When the soldiers perceived his 
composure and staidness, they took him to 
the laird of Wester-raw, who sent him pri 
soner to Dumfries. Thence next year he 
was taken to Edinburgh, and after many 
examinations he was put in the thumbkins 
and after that committed to the irons, whicl 
were so strait, that his flesh swelled ou; 
above them. In the iron-house he was 
robbed of all his money sent him by hi: 
friends ; and at one time eleven dollar; 
were taken from him. After a year and : 
half s imprisonment, he was banished an< 
sold in Barbadoes. I am informed thi 
worthy person returned after the revolu 
tion, and is at present the reverend minis 
ter at Scarborough. His mother endurec 
great fatigue and hardships when waiting 
on his father and him. 

There were some persons put to deatl 




towards the close of this year, of whom I 
have not distinct accounts, else I would 
have given them upon the third section, 
above. However, any hints I have of them 
I give here. William Keagow was executed 
upon the same points \vith the others above- 
named, in December. It is observed, that 
at some of their executions, one of these, or 
the forementioried, happened to sing Psalm 
cxix. 84, &c. which so enraged the soldiers, 
that they made a great disturbance, chased 
off the spectators, and would not suffer 
their dead bodies to be dressed. Arthur 
Bruce in Dalserf parish was executed some 
time this year. George Shiels, Thomas 
Scot in Bounchester, John Falla in Kelso, 
and Thomas Turnbull in Ancrum parish, 
were sent in prisoners this year to Edin 
burgh, at several times, for mere nonconfor 
mity, and, by the severities and bad treat 
ment in prison, died there. 

Let me add, that December 18th, Claver- 
house when ranging up and down Galloway, 
with a troop, came to the water of Dee ; and 
at Auchincloy, came upon some of the 
people who were lurking and hiding, unex 
pectedly, and surprised six of them toge 
ther ; for what I can find, they had no arms. 
According to the instructions lately given 
by the council, he shot four of them upon 
the spot in a very few minutes, Robert 
Fergusson and James Macmichan from 
Nithsdale, and Robert Stuart and John 
Grier, Galloway men: afterwards their 
friends carried off their bodies to Dairy, 
and buried them. Some accounts before 
me say, that by orders from Claverhouse, 
a party came and uncovered their graves 
and coffins, and they continued so open four 
days till the party went off. And it appears 
certain, that James Macmichan s body, after 
it was buried, was taken up, and hung up 
upon a tree. This was strange barbarity 
and spite. The other two, Robert Smith 
in Glencairn parish, and Robert Hunter. 
Claverhouse carried with him to Kirkcud 
bright, and called an assize, and made a 
form of judging them, and caused execute 
them there. They would not permit these 
two to write any thing, not so much as let 
ters to their relations. There were two 
more in the company who escaped, and hap 
py it was for them it was go ; for probably 

they would have gone the same, way. 
The soldiers pursuing them had no- 
tice of an house they had gone into, where 
they had not gitten down, but gone away im 
mediately, and came to it, took all the persons 
in it prisoners, and immediately burned it 
down to the ground. It may be, the rescue 
of some prisoners at Kirkcudbright, by 
some of the wanderers, a little before this, 
was the pretext for all this cruelty. 

I come now to glean up a few remarka- 
bles from the registers, that may afford 
some light to the history of this year, though 
they have not so direct a reference to the 

January 1st, I find an order from the se 
cret committee to captain Patrick Graham 
and Sir William Paterson, to go and seal 
the lord Maitland s papers in the late Lau- 
derdale s lodgings, it seems, a little before 
this, that once great man, the duke of Lau- 
derdale died; and notwithstanding his 
bright parts, and long favour with his mas 
ter, at length he fell into the utmost neglect 
and contempt; and now, it seems, the 
present managers resolved to canvass his 

April llth, upon application from the 
bishop of Edinburgh, the council pass the 
following act about a fast. " Forasmuch 
as the lord bishop of Edinburgh, having re 
presented to the council, that at the late 
meeting of the diocesan synod of Edinburgh, 
it was proposed that there might be two reli 
gious fasts kept yearly through the bounds 
of that diocese, to implore the mercy of 
Almighty God, for a comfortable spring and 
harvest, and the synod had recommended 
it to him to acquaint the council therewith ; 
and he having desired their authority for ap 
proving of the same, they do willingly agree 
to the said Christian proposal, and interpose 
their allowance and authority thereunto ; 
and leave it to tne lord bishop, to name the 
days whereupon the said fast is to be kept 
in the said diocese." Whether this method 
of a double fast in the spring, and before 
harvest, was kept up, I do not know ; I 
wish never a worse proposal had past 
through the bishop s hands.* I only notice, 

* If ever there was in the world any such 
thing as fasting " to smite with the fist of wick 
edness," this of the bishop s at this time was 






April 17th, a national fast is appoint 
ed by the council ; for a great 
drought, it seems, fell out that spring. 

The curious reader may perhaps be con 
tent to know, that upon the foresaid diet, 
the council recommend George Scot of 
Pitlochie, son to Sir John Scot of Scotstar- 
bet, to his majesty, for a gratification for 
some abstracts of the public registers made 
by his father. 

April 22d, I find a proclamation with re- 
lation to discipline and kirk-sessions, which 
I do not find ordered to be printed, for 
what reasons I shall not say ; but one would 
think, that there was ground to have print 
ed it, since it concerns so many. However, 
1 shall insert it here. 

" Charles R. Forasmuch as, by the su 
premacy inherent in our imperial crown, 
as one of the prerogatives thereunto belong 
ing, it solely resides in us to emit such acts 
and constitutions, and orders concerning the 
administration of the external government 
of the church, and the persons to be em 
ployed therein, as we, in our royal wisdom, 
shall think fit, as is more fully specified in 
the first act of our second parliament ; and 
therefore, we and our predecessors having 
always been careful, that the discipline of 
the church, by kirk-sessions and otherwise, 
he observed : for the preservation where 
of, it being necessary, that persons of good 
reputation, and known loyalty, should assist 
the ministers in the exercise of ecclesiastical 
discipline. We therefore, with advice of 
our privy council, do hereby empower the 
ministers of the respective parishes, within 
this our ancient kingdom, to give in lists 
to the bishops their ordinaries, of such as 
are fit to serve as elders in the said parishes ; 
and being approven by them, we hereby or 
dain and command the persons so named 
and authorized to serve as elders, except 
they can offer such sufficient reasons to be 
allowed, as may excuse them from serving 
in the said employment : with certification 
to the persons who shall refuse, not being 
lawfully ex-cused, as said is, that upon pro- 

certainly such, and instead of giving us a favour 
able gives us the most disgusting idea of his 
character FA. 

duction of the said nomination, and instru 
ments taken upon refusal, letters of horning 
shall be directed under the signet of our 
privy council, charging them to accept and 
officiate, within fifteen days, under the pain 
of rebellion. Our will is, c." 

This proclamation was undoubtedly de 
signed to force country people and heritors 
to join in with the episcopal ministers, in 
the exercise of discipline. Indeed in many 
places, the curates were hated for their 
share in the severities of this period, by many 
otherwise not very nice in their principles : 
and others could not join with them from 
consciousness of their unscriptural way of 
entering parishes, when meanwhile the ne 
cessity of the times brought them now and 
then to hear them ; yet they were peremp 
tory in refusing to join with them in eccle 
siastical society. And so this violence and 
force is used to bring them into church-offices, 
directly contrary to the scripture-directory, 
that none shall enter by constraint, but 
willingly. This was another handle of 
persecuting not a few. The ministers in 
particular parishes used to procure blank 
commissions from their bishops, and they 
insert whom they pleased in it; and if gen 
tlemen or others refused, then letters of 
horning were got out against them. One 
of these original blank commissions is come 
to my hands, dated next year, and the cu 
rious reader will be pleased to find it here. 

Original warrant by the bishop of Edin 
burgh, to the minister of Ormiston, to 
choose elders. 

" Forasmuch as I John, by the mercy 01 
God, bishop of Edinburgh, am informed by 
Mr John Cockburn minister at Ormistou, 
that the persons afternamed, viz. [they are 
blank in the original] all parishioners within 
the parish of Ormiston, are persons apt and 
fit to be elders in the said parish of Ormis 
ton, and to assist him in the church-disci 
pline ; and he the said Mr John Cockburn 
having chosen them as persons fit and qua 
lified for the said employment : Therefore 
I have approven, and by those presents, ap 
prove of his said choice of the foresaid 
persons, to be elders and assistants to him 
in church-discipline, within the said par- 




ish : and hereby require them, and every 
one of them, to accept and embrace the 
said employment, conform to the act of 
council made thereanent. In witness 
whereof, these presents, written by Alex 
ander Cumming my servant, are subscribed 
with my hand, at Edinburgh, the twentieth 
day of May, one thousand six hundred and 
eighty five years. 


Upon the groundless stories raised by the 
duke of York, anent a designed insurrec 
tion in Scotland, which was not projected 
till the accession of a papist to the throne, 
to prevent the earl of Argyle s attempt that 
way, which indeed was not yet concerted, 
the lieutenancy of Argyleshire and Tarbet 
is changed, new lieutenants established, and 
the heads of the clans in Argyle and Tar 
bet are ordered to attend the lieutenants at 
their call, with quotas of men and provi 
sion for thirty days, Avith other things, which 
the reader hath in the proclamation, for the 
peace of the Highlands, dated May 5th. 
See at the foot of the page.* The design 

Proclamation for lieutenants in Tarbet a?id the , 

Highlands, May bth, 1684. 

Charles, by the grace of God, king of great ; 
Britain, France, and Ireland, defender of the I 
faith : To our lovita 

macers of our privy council, messengers at j 
arms, our sheriffs in that part, conjunct! y and 
severally, specially constitute, greeting Foras- j 
much as we understanding that Archibald, late 
earl of Argyle, hath not only consulted and con 
curred with the English conspirators, in their 
late treasonable plot against our person, our , 
dearest and only brother, arid our royal govern- 
merit, but hath been eminently active therein, j 
encouraging his complices, by undertaking to | 
raise a considerable force in this our ancient king- j 
dom, for beginning and carrying on of that vil- j 
Ian ous conspiracy ; and we being obliged, by the j 
law of God and man, to endeavour, "by all just 
means, to disappoint those hellish machinations, 
and to prevent the ruin of our good people, which 
necessarily would ensue, if the malicious designs 
of the said late earl of Argyle, and others his ac 
complices, should take any effect ; and we hav 
ing, in order thereto, established lieutenants in 
the shires of Argyle and Tarbet, for preventing 
and suppressing the projects and seditions in 
tended by the said late earl s descending in these 
places, and his convocating others who are ill 
principled, and disaffected to our government ; 
and it being fit that the said lieutenants should 
be assisted by our other good subjects, in case of 
any such traitorous attempts. We therefore, by i 
virtue of our royal authority, and with advice ; 
of the lords of our privy council, do hereby com- \ 

of all this was not only to weaken 
the interest of the family of Argyle, 
which was very great in those shires, and 
of all who were friendly to them, but to 

mand and require, that the persons afternamed 
! have in readiness, with" all convenient diligence, 
the respective proportions, and number of men 
after mentioned, well provided in f eir of weir, 
well armed, and with thirty days provision, for 
concurring with, and assisting our said lieuten 
ants, in maintaining our royal authority, arid 
executing of our laws, and preserving the peace 
of this our realm, as they shall be required by 
our said lieutenants, on any necessary occasion, 
; viz. the earl of Monteith two hundred men, and 
the laird Luss one hundred men, for assisting 
the lieutenant of Cowal, when they shall be re 
quired ; the marquis of Athole three hundred 
men, and the earl of Braidalbin three hundred 
men, to assist the lieutenant of Jnvorary; the 
sheriff of Bute two hundred men, the laird of 
; M Lean two hundred men, M Leod 

of Harris two hundred men, and 
for Hay two hundred men, for assisting the 
| lieutenant of Sadel or Kintyre ; the marquis of 
j Huntley, and earl of Perth three hundred men, 
j the laird of M Iritosh two hundred men, the 
j laird of M Kinnon one hundred men, and the 
I laird of Appin one hundred men, for assisting 
; the lieutenant of Craigness ; the marquis of 
j Huntley and earl of Perth three hundred men, 
| the laird of Lochyell two hundred men, the 
: captain of Clanronald two hundred men, and 
i the laird of Glengarry one hundred men, foras- 
sisting the lieutenant of Dunstaffnage ; the earl 
, of Man* three hundred men, the laird of Weem 
one hundred men, the earl of Seaforth three 
hundred men, and sir Donald M Donald of 
Slait two hundred men, for assisting the lieu 
tenant of Tarbet. And all the persons above- 
named are hereby required to have their foresaid 
number in readiness, and to certiorate our chan 
cellor thereof, with all convenient diligence, and 
to have their said numbers fitted and prepared 
to march with all diligence to the said respective 
lieutenants, as they shall require the same. And 
to the effect the ill affected people may be the 
more terrified from attempting any thing to the 
prejudice of us, or of our good subjects, we here 
by command and require all our Jiege-men, be 
twixt sixty and sixteen, within the respective 
shires aftermentioned, well provided in feir of 
weir, to march on six days warning, with thirty 
days provision, to the assistance of the several 
lieutenants, when they shall require the same, 
and there to act and do as they shali be command 
ed by the said lieutenants, or others having 
command from us, viz. all within the shires of 
Dumbarton and Stirling, and stewartry of Mon 
teith, for to answer the lieutenant of Cowal ; all 
within the shire of Perth, to answer the lieuten 
ant of Inverary ; all within the shires of Forfar 
and Kincardine, and stewartry of Strathern, to 
answer the lieutenant of Craigness ; all within 
the shires of Aberdeen and BamfF, above Kiri- 
cardineofNeil, Kildi ummyarid Keith, to answer 
the lieutenant of Tarbet; all within the shire of 
Bute, isles of Mull and llay, to answer the lieu 
tenant of Sadel or Kintyre ; and all within the 
shires of Inverness, Elgin, Nairn and Koss, to 




strengthen and increase the duke of 
York s party in the nation, by en 
couraging- the highland clans, many of whom 
were papists, and all of them hereditary 
right men, and friends to arbitrary and op 
pressive measures, as they have abundantly 
proven more than once. It was thought 
very expedient to have a good body of these 
clans still in readiness in all events, for se 
curing- the popish succession, and defending 
the courses now taken, if need were. 

July 2,5th, I iind, the council make Sir 
Archibald Kennedy of Colzean, captain of 
the militia troop of the shire of Ayr, in 
room of Sir John Kennedy of Girvan-mains, 
lately deceased, who wanted not his share 
in the persecution, next year. 

September ICth, the council order a new 
election of the magistrates of Ayr, and send 
a nomination of provost, bailies, and town- 
council. 1 find by the registers, this month 
and the following, that the council engros- 
seth the power of nominating the magis 
trates and council of most part of the royal 
burghs ; and even in Edinburgh itself, 
they order a committee of their number to 
be present, and oversee the election of ma 
gistrates at this term. 

November 6th, a patent is read and re 
corded, to John Drummond of Lundin, 
late treasurer-depute, to be secretary of 
state in conjunction with the earl of Murray. 
He is sometimes, in papers, termed secre 
tary before this : how it conies to be so I 
cannot tell. 

The council, November 2Gth, pass a pret 
ty remarkable act anent the choice of 
members of parliament, which deserves a 
room here. 

Act anent election to parliament. 
" Forasmuch as there are severals of the 

answer the lieutenant of Dunstaffnage. And 
all our lieges are hereby required to give obedi 
ence to the said lieutenants, to act, assist, and 
concur with them in manner foresaid, under the 
pain of tinsel of life, lands, and goods ; and there 
by, and attour, all the fencible men within ilk 
respective division, are hereby required to give 
obedience to the said lieutenants, in manner, and 
to the effect above- written, under the foresaid 
pains. Arid to the effect our special pleasure in 
the premises may be made known, that all per 
sons concerned may give exact and punctual 
obedience thereunto," our will is, and we charge 
you strictly, and command, that incontinent, 
these our letters seen, ye pass to the market-cross 
of Edinburgh, and remanent market-crosses of 

members who have served in the late session 
of this current parliament, who, it may bo 
reasonably presumed, will not serve in the 
ensuing meeting thereof, to be held at Ed 
inburgh upon the tenth of March next to 
come, upon the terms of the act 

of the said last session thereof. Therefore, 
the lords of his majesty s privy council, do 
hereby require the sheriffs of the respective 
shires, at the next meeting of the freehold- 

! ers appointed by his majesty s late procla 
mation, where such members are, in face of 
the said meeting, to inquire at them if they 
will serve in the terms mentioned in the 
same act. And if they shall refuse, do 
hereby authorise the said sheriff, and meet 
ings respective, to proceed to the election 

1 of such fit members as will serve at the 
said next session of the current parliament. 
And in regard there are some members 

who served in the last session of the cur 
rent parliament, who are under citation for 

I treason ; the said lords do require the said 
sheriffs, as soon as the diets to which they 
are cited are elapsed, and they declared fu 
gitives, to call and convene the said free 
holders, and proceed to the electing of other 

j members, to serve in their room. And 

i which power is hereby given and granted 

i likewise to the several burghs royal, in the 
circumstances foresaid, that the said ensuing 
meeting of parliament may be full and fre- 

, quent." 

The act of the last parliament spoken of 
here, I take to be the test, and where there 
] was any who had not, or would not comply 
with it, they were to be turned out; and 
agreeably to the arbitrary measures at this 
time used, we see the council, as they take 
upon them the power of modelling of cor- 

the head burghs of the shires of this kingdom, 
and there, by open proclamation, make publica 
tion of the promises, that none may pretend 
ignorance. As also, we ordain these presents 
to be affixed on the several parish-kirk doors 
within the highlands, and the several sheriffs of 
the shires foresaid, to see the same done accord 
ingly, as they will be answerable. 

Given under our signet, at Edinburgh, the fifth 
day of May, one thousand six hundred and 
eighty four, and of our reign the thirty 
sixth year. 
Per \ictum dominorum secreti concilii. 

WILL. PATERSON, Cl. Seer. Concilii. 

God save the King. 




porations and burghs, so they assume a 
material power of modelling the supreme 
court of parliament, in its elective members. 
No more is needful, but the trumping up a 
summons for treason : converse with any 
who had been at Pentland or Bothwell, was 
ground sufficient for that ; and then the ! 
sheriff is empowered to make a new elec 
tion. Thus the parliament was purged j 
of some of the best of the members of it, 
and by the time they sat, which was length 
ened out by king Charles death, it was 
pretty well disposed for serving a popish I 
king 1 , and advancing the ruin of the refor 

To secure all the better, December 3d, 
the council give orders to the advocate, " to I 
raise a process of forfeiture before the par- | 
liament, by a summons in Latin, after the 
old way, under the quarter seal, upon a 
charge of sixty days, against Denholm of 
Westshiels, Stuart of Cultness, Sir John 
Cochran of Ochiltree, James Stuart son to 
Sir James Stuart of Goodtrees, the lord 
Melville, the laird of Polwart, George Prin- 
gle of Torwoodlie, Andrew Fletcher of Sal- 
ton, Hume of Bassenden, the heirs of Mr 
Martin late clerk to the justice- 
court, the heirs to the late earl of London, 
Thomas Hay of Park, Sir James Dalrymple 
of Stair, Walter Lockhart of Kirkton, 
Montgomery of Lanshaw, John Weir of 
Newton, Mr Gilbert Elliot writer in Edin 
burgh, Campbell of Ardkinglass, 
Cesnock elder and younger, and Jervis- 
wood." We shall meet with them next 
year. At the same diet, John Henderson, 
suspect to be one of the murderers of the 
archbishop, appears, and is assoilied, having 
given a good account of himself, arid having 
taken the test. 

December llth, the duke of Gordon s 
patent for being chancellor, is read and re 
corded ; if he was not now a declared pa 
pist, he was shortly so ; and now that set 
is getting in very fast. 

December 17th, the council, "considering 
how necessary and proper it is, that Mr 
Thomas Hay dean of Murray, be justice of 
the peace within the shire of Murray, and 
particularly in his own parish, do therefore 
nominate and appoint him 10 be a justice of I 
the peace there, with full powers, and that 

the justices of peace at their first 
meeting receive him." 

I need scarce add, that in December this 
year, at Glasgow and some other places, 
multitudes of people imagined they saw 
bonnets, black, blue, and of several colours, 
foiling down from the air upon them. 
Generally, by sensible persons, this was 
looked upon as deceptio visits, and the pow 
er of imagination. It was odd, however, 
that next year when the militia came to the 
west against Argyle, they had just the 
same bonnets ; and at the cross, green, and 
other places, where the bonnets were alleged 
to be seen, the militia swarmed most. 

This winter many gentlemen and others 
at Edinburgh, were challenged by the man 
agers, for giving charity to outed presbyte- 
rian ministers, and contributing to the 
education of their children. But I have 
said enough upon this year and come for 
ward to the next. 




PERSECUTION is so ill a thing, that 
no body almost owns it, though mul 
titudes in all ages have been guilty, especi 
ally such fearful acts of wickedness as we 
have met with upon the former years, and 
shall again find this year ; and readily the 
parties most concerned will wipe their 
mouths and say they are clean. But the 
remembrance of matters of fact this year is 
so fresh in the thoughts of many yet alive, 
that there can be no denial of them, with 
out the greatest impudence and effrontery. 
Particular instances of barbarities of all 
kinds do now grow upon my hand, and it 
is truly a satisfaction to me, that I can tell 
the reader I am now drawing towards a 
close of those melancholy things, which no 
doubt will grate the ears, and Aveight the 
spirits of such to whom they come, and 
were I once through this black year, the 
following three to the revolution will take 
but little time. 

This year affords abundance of matter. 
I have left to this chapter the narrative of 
the severe persecutions, every where almost 




upon the society s declaration, and the 
refusal of the abjuration oath. New 
murders in the open fields turn so frequent, 
that 1 shall scarce be able to give account 
of them all. Multitudes were cut off every 
month, without the tedious formality of a 
process, besides a good number of public 
executions at Edinburgh and other places, 
and the barbarous drowning of poor innocent 
women within the sea mark. In February 
the death of king Charles falls in, a popish 
prince mounts the throne, to the terror of 
all good protestants, and the joy of all pa 
pists ; and after he had given some smooth 
words to lull all asleep, he quickly cast off the 
mask, and some branches of the persecution 
of presbyterians run very high. A new ses 
sion of parliament meets in April under this 
popish sovereign, and since little was left 
undone by the former sessions, that could 
be done against presbyterians, the iniquitous 
procedure and acts of the council are all 
ratified, and some new advances made. In 
the following month, the attempt of the 
noble earl of Argyle falls in, which was 
soon quite broken, and issued in his death, 
and that of some excellent persons with 
him, and we need not doubt was carefully 
improven by our managers, for a new and 
general harassing of the country. The sum 
mer affords us some more murders in the 
open fields, and upon scaffolds, and the in 
humane treatment of some hundreds of pri 
soners at Dunotter in harvest, and toward 
the end of it ; we have, besides some more 
public executions, the transportation of a 
great many to America, with Pitlochy, be 
side some other incidental things. These 
will afford matter for a good many sections. 


Of the Persecution this year upon the score 
of the Society s Declaration. 

HAVING in the last section, save one, of the 
former chapter, given a large account of the 
society s declaration, emitted by them Oc 
tober 28th, last year, I begin my accounts 
this year with the severities of the soldiers, 
in different places of the country, in press 
ing the abjuration of it, which we heard 
was appointed by the council. It is but a 
few hints in several parishes up and down 
which I can point at, as a specimen of the 

methods now used. Other instances will 
come in ere I end this chapter. 

In Nithsdale James Corsbie was seized, 
and, upon his refusal of the abjuration, his 
ears were cropt : and he was sent to Jamaica, 
and sold as a slave. Whence the perse 
cutors borrowed this practice of cutting off 
the ears of such as fell among their hands, 
which, as we shall hear, turned pretty 
ordinary, I know not. Toward the be 
ginning of this year, I find captain Strachan 
harassing many in the parish of Darly in 
Galloway. He commanded sometime in 
the garrison kept in the house of Earlston, 
and held courts round about him in that 
neighbourhood, and pressed the abjuration 
with a great deal of cunning and cruelty 
upon all, and many families were obliged 
to dislodge and wander upon their refusal. 
At the same time courts were held by the 
laird of Lagg, and such as he deputed in 
other parts of Galloway, where the foresaid 
oath was most violently pressed in every 
parish, and the women, as well as men, 
and the younger as well as those more 
advanced, were forced to take it. Through 
out all the large shire of Ayr it was most 
violently imposed. In the parish of 
Auchinleck one William Johnston was 
cited to one of the courts where it was 
appointed to be taken. He did not com- 
pear, and a party of soldiers were sent to 
his house, who entirely rifled it. He and 
his wife having retired, left a maid in the 
house to attend and look after their family 
of small children, who could not be trans 
ported. The soldiers were so inhumane 
as to carry her away with them to the 
garrison of the Sorn, leaving five or six 
small infants destitute and helpless in the 
house there alone. When the servant was 
brought to the garrison nothing could 
be laid to her charge, and yet the oath 
was put to her, which she peremp 
torily refusing, never having taken any 
oath, and declaring to them she did not 
understand it, and could not swear it, they 
put kindled matches betwixt her fingers, 
and burned off the flesh to the very bone. 
She endured all with the greatest of 
patience, and such composure as astonished 
her tormentors, and in the issue they dis 
missed her. Indeed at this time, there 
was no peace to him that went out or 




carae in, and the fury of the parties, as they 
went up and down seeking their prey, was 

In the parish of Stonehouse in Lanark 
shire, a poor man was at his work in the 
fields, and when he saw the soldiers coming 1 , 
he stepped out of the way, not being- 
willing 1 to come into their hands. Upon 
this they followed him, and shot at him, 
and overtaking 1 him at length, without 
asking him one question, knocked him 
down with their muskets, and wounded 
him with their swords, leaving him for 
dead upon the spot. Then coming to his 
house near by, they took away two horses, 
and left some of their number in the house 
to see his corn threshed out; so the poor 
man, besides the grievous wounds he got 
without any reason given, at a modest 
calculation lost upwards of three hundred 
mcrks. Those left to dispose of his corn 
were so unmerciful, as to turn his wife and 
several small children from the house in 
the night-time, during a violent storm of 
frost and snow, so that they were almost 
killed with cold. And in the neighbouring 
parish of Dalserf, about this same time, 
many families were scattered. John Harvey, 
Walter Ker, and Andrew M Killen were 
seized and banished. The first of them 
had all his goods seized, and his wife was 
imprisoned a long time, and very cruelly 
used. John Stuart in the same parish, 
had his doors burned by his master, and 
his wife was carried prisoner to Hamilton, 
with an infant not a month old, with a 
design to carry her further ; but when she 
came that length, she fell so ill with 
travelling in her circumstances, that she 
was left for dead ; and all this for noncom- 
pearance, and declining the oath now 
pressed. John Marshal tenant to Cultness, 
in the neighbouring parish of Cambus- 
nethan, for refusing the abjuration had t\vo 
cows and all his crop taken from him by 
one Ogilvy, who for some time kept a 
garrison in the house of Cultness, and his 
family was scattered. At the same time 
they took from John Torrence in the same 
parish, upon the same score, a cow, six 
sheep, and all his corns, and spoiled his 
house, carrying off all that was portable. 

Captain Douglas and his soldiers oppres- j 

sed terribly, in the beginning of this 
year, the parish of Twinam. A poor 
tenant there, after many severities, was 
prevailed with to swear the oath, and so the 
soldiers left him for a little ; but after eight 
or ten days returned, and forced him to 
go with them to a neighbouring parish, and 
assist them in searching for some wanderers. 
Upon the road thither they met with a 
poor man who would not answer their 
questions, nor swear; him the captain 
ordered immediately to be shot. The other 
country man modestly entreated the captain 
to examine the man a little further, and to 
give him some more time before they 
despatched him; for this they beat and 
bruised him, so that in a few weeks he died. 
This same captain came through a good 
part of Galloway, with some militia under 
his command, and spoiled all places whither 
soever they came, as they had been in an 
enemy s country. Claverhouse and he 
subcommitted their power to gentlemen, in 
every parish, when they went off, and 
those deputes at their leisure harassed 
every body in those parishes. So strict 
and severe were the soldiers upon every 
emergent, that in the parish of Balmaclellan, 
a country man who had somewhat suddenly 
broken about his plough, was running 
home to bring some instrument wherewith 
he was to mend it, came near a party of 
soldiers before he got to his house, who, 
seeing him running, seized him, and forced 
him to swear presently. A party of soldiers 
came about this time into Corsmichael, to 
look after such as had been absent from 
the abjuration court; they made dreadful 
havoc, and destroyed every thing, and took 
beds, ploughs, harrows, arid made fire-wood 
of them where they stayed, though they 
wanted not abundance of other fuel. They 
seized several women, and carried them 
from prison to prison, because of their re 
fusing the abjuration. Some of them were 
sent to the plantations, others to Dunotter, 
and some continued in prison till the 

In the parish of Tongland, lieutenant 
Livingstone with a party of dragoons 
harassed very severely. After courts had 
been held there for pressing the oath, they 
made very strict searches for noncompliers. 





A youth about eighteen years, named 
John Hallome, seeing- the party 
at some little distance, stepped out of the 
road in which he was travelling-. This they 
quickly observed, and pursued and wounded 
him, first with a shot, and then with a sword 
in the head, never once asking him one 
question. They carried him prisoner from 
one place to another, till at length they 
brought him to Kirkcudbright, There 
they put the abjuration to him, which he 
refusing, an assize was called, made up of 
the soldiers, and he was condemned, and 
executed there. Every person that en 
deavoured to get out of their clutches at 
this time, was reckoned as confessedly 
guilty, and straight despatched. William 
Auchinleck in the parish of Buttle had 
been conveying a friend of his to Ireland, 
and was returning to his own house on 
horseback. Unhappily for him he fell in 
with a company of Douglas s foot coming 
from Kirkcudbright, who called to him to 
stand. The man complied with every 
thing that came about, and was a full 
conformist, but he had no mind to lose his 
horse, which he suspected the soldiers 
would take from him, and therefore rode a 
little off from them. Taking a compass he 
got by them, and came on his way, till he 
came to a public house on the road, called 
Carlin-work ; there he called for some ale, 
which he took sitting upon horseback, 
thinking he was out of their reach. But 
the soldiers, some of them at least, had 
taken a nearer way, and came up when he 
was drinking, discharged their pieces at 
him, and killed him outright. Another boy 
happened to be at the house, at that minute 
when the soldiers came up, was mounting 
his horse to go with the former, at the shot 
the horse being frighted, threw the boy 
from him, the soldiers came up and knocked 
him in the head with their pieces, and took 
his horse from him, and any money he had, 
without asking him a question. 

It would be endless to set down the ra 
vages and severities of the soldiers, and 
therefore 1 shall only add another instance 
to show the share which the conformable 
clergy had in them, which can be attested 
by several witnesses yet alive. It is no 
pleasure to me to expose people of this or 

der, but their hand was so deep in every 
trouble that came about, that it would be 
unfaithfulness to pass them. In the parish 
of Cathcart near Glasgow, there was a good 
old man, John Watson, who lived in Lang- 
side. This man fell very poor, and was ob 
liged to beg his bread from house to house, 
besides, he was almost wholly lame. The 
curate Mr Robert Finnic was much embit 
tered at this man because he would not hear 
him, and at this time he likewise refused 
the abjuration oath. Mr Finnic gave in an 
information against him as a dangerous and 
disaffected person, and got an order to a 
party of my lord Ross his troop to appre 
hend him. The party came to Langside 
where any dwelling the man had, was, and 
were informed that he was at Glasgow 


waiting on for an alms, it being the day of 
the week upon which Sir James Turner used 
to give somewhat to the poor at his lodg 
ings. So for that time he escaped. Mr 
Finnic continued in his rage against the 
poor, lame, aged man, and procured another 
party to be sent in quest of him, with strict 
orders to apprehend him. When they came 
he was at home in his cottage, and they 
were really ashamed so many of them had 
come for so small a prize. When they saw 
him, they found he was neither able to flee 
from them, nor travel with them. And 
some of them failed not to curse the min 
ister, who had hounded them out upon such 
a prey. They urged him hard to swear the 
abjuration; John told them in much calm 
ness, that it was now a long time since he 
had sworn the covenant, and resolved to 
swear no more oaths. The soldiers knew 
not how to get him to Paisley, and were 
ashamed to go along with a beggar and 
cripple too. His neighbours, out of regard 
to the honest man, and it may be fearing 
worse, offered to send him on a sledge to 
the Hawk-head, my lord Ross s house. 
My lord getting an account of the matter 
before John came up, sent out a servant, 
and ordered him home again, blushing- at 
Mr Finnie s malice and merciless temper, 
and sent half a crown to him as a real ob 
ject of alms. 

There is but one other instance, with 
which I shall end this general account of 
the persecution upon the score of the ab- 

CHAP, ix.; 



juration, which I have well attested from worth an hundred pounds. The des- 

the parish of Pennigham in Galloway, by 
the late worthy and learned Mr Robert 
Rowan minister there, and it is the case of 
the Milroys in that parish. I give it alto 
gether in this place, though it relates to 
several years, and from it we may have a 
new view of the severities of this time, and 
an estimate may be made, what a black ac 
count we might have had of them if care 
had been taken to get such circumstantiate 
and attested narratives as this is. I give it 
mostly in the words of my dear friend, 
though I must shorten them. 

There were two brothers in that parish, 
Gilbert and William Milroys, living at 
Kirkaulay in Castle-sttiart s land. Last year 
when the test was pressed violently, William 
took it, and Gilbert compounded with the 
sheriff-depute to get his name out of the 
rolls, and actually gave him twelve pounds, 
and got off. But this year when all were 
obliged to abjure, these two, with their 
younger brother Patrick Milroy, having no 
clearness to swear, were obliged to abscond 
and wander. In June or July this year, 
the earl of Hume sent his Merse militia to 
their houses, and rifled them, and drove 
away all the cattle they could reach. And 
two days after, seventy horsemen came 
under cloud of night upon them, continued 
all night, and destroyed all the foot had left, 
committing great severities upon the wo 
men who were in the houses, particularly 
upon Gilbert s wife, when she offered to 
detain from them some wearing clothes of 
her own, which, she said, men had no use 
for ; they seized her and put lighted matches 
betwixt her fingers, and grievously torment 
ed her and several others. Early next 
morning they searched the fields about the 
house, and seized Gilbert Milroy s brother 
William, with a servant of about sixteen 
years of age, who were lying hid among the 
corn, and carried them prisoners to Monni- 
gaff. They likewise took with them the 
remains of the cattle and household-stuff 
which had been put out of the way before. | 
The number of cattle taken from them at 
both times, was eighty black cattle, besides a 
great many young ones which were with 
them, not numbered, twenty four score of 
sheep, eight horses and mares, some of them 

1 ^G f 

traction of corns by eating, treading 
down, and their frequent ranging the fields, 
cannot be computed ; and what was not de 
stroyed their families durst not stay to reap, 
and so it was entirely lost : their crop was 
twenty four bolls of sowing each, of Gal 
loway measure. 

Next day Gilbert and William were 
brought before the earl of Hume at Monni- 
gaff, and were examined as to their keeping 
the church, converse with whigs, and who 
among their neighbours used to reset them. 
When they declined to answer upon those 
points, they were put to the now ordinary 
torture of lighted matches betwixt their 
fingers, but through God s grace they en 
dured all, and would make no discoveries. 
Here they were kept six days, and every 
day threatened with present death, if they 
would not comply, conform, and delate such 
whom they knew in the neighbourhood did 
reset persecuted people. As the severities 
of the officers and commanders were great, 
so the impiety of the common soldiers de 
serves our notice. Gilbert Milroy s wife 
was come to Monnigaff to wait upon her 
husband ; she had gone out to the fields to 
pray, and one of the soldiers overhearing 
this good woman, came up to her, and draw 
ing his sword threatened to kill her for 
praying; however he was restrained, and 
only brought her prisoner to the captain of 
the guard, bawling out against her prayers, 
and swearing they were treason. The cap 
tain saw good to dismiss her. Her husband 
and his brother, with several others, were 
carried under a guard to the church of Bar, 
tied together two and two, like beasts for 
the slaughter ; there they were kept three 
days and examined by major-general Drum- 
mond, who hectored and threatened them 
terribly, telling them, if they Avould not 
comply, and inform where the whigs haunt 
ed, and who used to reset them, he would 
send their dittay with them, so that they 
should be hanged without an assize as soon 
as they came to Edinburgh : but nothing 
prevailed upon them to act against their 
conscience. Thereafter they were sent to 
Hamilton, where they stayed one night, and 
from thence were carried to Edinburgh, 
and imprisoned at Holyrood-house, all the 
2 A 




rest of the prisons being fully packed. 
* There they were examined by some 
of the counsellors and the advocate as to their 
not keeping the church, their haunting field- 
meeting s, keeping company with rebels, and 
as to their knowledge of the persons who 
used to reset such; and not answering their 
interrogatories to satisfaction, they were 
severely enough handled. Mr James Col- 
quhoun, episcopal minister at Penningham, 
had no small share in their being thus treat- | 
ed. Gilbert Milroy found means to treat 
with him when he was apprehended, and 
sent him a good wedder upon his promise 
to speak and act in his favours. Gilbert s 
wife afterwards went to Mr Colquhoun, 
and asked a line in her husband s favours : 
accordingly, he wrote a letter and sealed it, I 
giving it to herself to carry in with her to j 
Edinburgh. In this line, instead of acting j 
in the prisoner s favours, he informed the ! 
judges tbat he was a disloyal person of re 
bellious principles. This, together with 
their refusing to comply and swear the pre- I 
sent oaths, brought on their sentence, which 
was to have their ears cut off, and to be 
banished for ten years ; and when their j 
sentence was intimated, they were put in j 
the iron-house. In a few days some of the i 
counsellors came in to them with a surgeon, | 
who cut off the ears of all the prisoners who J 
came from Monnigaff, except Gilbert Mil- i 
roy, who was then so fatigued and weak, j 
that he appeared to be in a dying condition ; | 
and after the surgeon had his scissors about j 
his ear, he passed him as a dying man. 

Since I have brought them this far, I 
shall go through their troubles, and place 
them here all together, as a naming instance 
of the rigidity of this period, toward persons 
who had never carried arms against the go 
vernment, or been in any opposition to it, 
merely for their opinion, and refusing what 
they reckoned an unlawful oath ; and from 
those attested relations the reader will easily 
form a notion of the heavy sufferings of 
many who were thus dealt with, of whom 
no accounts are now preserved. 

About five or six days thereafter, Gilbert 
Milroy with the rest of the sentenced 
prisoners in the iron-house, were taken 
out, and six and six of them tied together, 
and such of them as were not able to walk, 

which was the case of sevcrals, were 
carried upon carts to Newhaven, put into 
a ship lying there, and thrust under deck, 
two and two of them fettered together, to 
the number of an hundred and ninety. 
While at sea, they were kept close together 
night and day under great distress, for 
want of fresh air, starved with hunger, and 
tormented with thirst, so that several of 
them were put to drink their own urine, 
and two and thirty of them died. They 
were three months and three days at sea, 
and had no favour shown them by the 
master of the ship or seamen. When they 
landed at Port Royal in Jamaica, they were 
put in an open prison, and had very much 
friendship shown them from several people 
in the island ; particularly by one Mr Hicks 
who was afterwards in this popish reign 
prosecuted at law, and vexed by evil 
minded persons, for showing kindness to 
those suffering people. After ten days* 
continuance in open prison, they were sold 
to be slaves, and the money paid for them 
was given to Sir Philip Howard, who had 
got a gift of them from the king. 

Gilbert Milroy suffered very hard things 
in Jamaica, after he was sold. His master 
would have him to work on the Lord s day ; 
this he peremptorily refused. After he 
had been beat several times, one day his 
master drew his sword, and had well nigh 
killed him ; but afterwards finding him 
faithful, conscientious, and very diligent, he 
altered his way, and made him overseer of 
all his negroes. The blacks mortally hated 
him for his fidelity to his master, and made 
various attempts to murder him. One of 
them struck him on the head with a long 
pole, whereby he lay dead for some time, 
and lost a great deal of blood, so that ever 
since he is a little paralytic. At another 
time he was poisoned by another of the 
negroes, but was saved by timeous applica 
tion of antidotes. In short, he was con 
tinually in hazard of his life by those 
j savages. 

Many of the prisoners died in their 
; bondage, but Gilbert lived till the happy 
revolution, and then was liberate, and camo 
safe home to his wife and relations ; and 
I when my account was written December 
1710, he was alive, a very useful member 

CHA1*. IX.] 



of the session of Kirkcowan ; in the i 
presbytery of Wigton. Providences were j 
very closely observed by him, and he kept 
an exact account of the Lord s way with 
him in writing, out of which the above 
particulars are taken ; and he had very 
singular steps of providence to remark, as 
to the Lord s methods with the persons 
concerned in the ship which carried him 
and the rest to Jamaica, and such as were 
active in their hardships and troubles, some 
of which will not be unacceptable to the 
serious reader. He notices, that Sir 
Philip Howard an English gentleman, who 
procured a gift of the hundred and ninety 
prisoners from king James, and designed 
to come over to Port Royal, never had the 
satisfaction of enjoying the price of their 
liberty; just when taking his leave of his 
friends and companions, and coming over 
the Thames, he fell down betwixt two ships, 
and perished. When they were at sea on 
their voyage to Jamaica, he observes, that 
about forty of the soldiers and crew in the 
vessel, who were so very cruel to them 
poor prisoners, turned mad, and leaped over 
board, and many others of them were 
trysted with a pestilential fever. The 
master of the ship, Mr Evans, fell sick, and 
his body gradually rotted away before his 
death, so that nobody almost could come 
near him ; and it would seem he had some 
terror likewise upon his mind for the hard 
ships he had done to the prisoners, for he 
called for several of them, and begged them 
to forgive him, and pray to the Lord for 
him, which they very cheerfully did. He 
remarks lastly, that this ship, wherein they 
were carried to Jamaica, was sold for three 
hundred pounds sterling, and lost in her 
voyage homeward ; and he who commanded 
in her, William Love, was brought to such 
misery, as the said Gilbert was informed 
when he came home 1690, that he was 
become under-cook in a man-of-war. 

To end this section, the troubles of the 
country were really inexpressible by the 
violent pushing of this oath in January and 
February this year. The imposition of it was 
much more rigid in some places than others. 
Where the heritors were not for severities, 
arid there happened no soldiers to come, 
things went tolerably easy : but in most 

places of the south and west it was ur 
ged most unaccountably upon lass and 
lad, young and old ; and multitudes of poor 
women were sent to the plantations, several 
of them from their children and small fami 
lies, for no other reason but their refusing 
it. However, it is noticed by some, that in 
the event, this method increased the suffer 
ing party, and the number of Avanderers ; 
for it was crammed down with such haste 
and violence, that many through present 
fear fell in with it ; and afterwards, when 
they came to be affected with their sin in 
so taking it, they quit conformity altogether 
and joined with the persecuted party. Pro 
vidence put a stop in part to this general 
violence, by king Charles death ; and the 
imposition of this oath slackened a little to 
ward the end of February. The murders 
in cold blood increased rather after the 
king s death, for some months ; but the uni 
versal pressing of the oath ceased, though 
still this was carried on by the soldiers 
throughout this year, and even afterwards, 
as we shall hear. 


Of the procedure of the Council and their 
Committees, till the king s death. 

THE death of king Charles II. falling in 
February 6th, this year, makes it not unfit 
that I give the persecution of presbyte- 
rians by the council, in two sections ; and 
here I begin with what passed in coun 
cil before that remarkable event, though 
the consequences of this will lead me to 
some things which happened some little 
time after this. I begin with the effects of 
the council-commissions with justiciary 
power, granted, as we have seen, December 
30th last year, in the different shires ; and 
then I shall insert what I meet with in the 
council-registers this year. By the powers 
and instructions above insert, granted to 
such as constituted those terrible courts, 
we may easily perceive how frightful they 
were to the southern and western shires. 
They were horrid inquisitions, and in sev 
eral things they went even beyond their 
severe instructions. While the soldiers were 
almost every week murdering some in the 
fields, those commissioners, or any two of 



[BOOK 111 

them, had the power of life and 
death in their hand, and were to 
pick up any who were overlooked at for 
mer courts, and went back as far as Both- 
well and Pentland, yea, even the restoration, 
for nonconformity. We may likewise con 
sider those courts as a kind of precognition 
before the parliament sat down. The com 
missioners were to gather up all that could 
be found against the gentlemen in prison, 
in the close of the last year, and others, 
who, we heard, were cited before the ensu 
ing parliament, in order to forfeiture. They 
were ordained to meet, January 15th, and 
had different sessions in January and Feb 
ruary. There were no registers kept of 
their procedure, as far as 1 know ; and it is 
but a lame account I can give of what they 
did, from a few hints come to my hand. 
One instance or two from Dumbarton and 
Renfrew shires, may suffice. 

To begin with the commission for 
Dumbarton. In February, Orbiston, major 
Arnot, and the other commissioners, met ; 
and, among many others, they had before 
them that worthy gentleman John Zuil of 
Darleith, whose treatment I shall give from 
an attested account I have from one of his 
nearest relations, who knew all the circum 
stances of it. Darleith had been cited in 
October, and not compearing by reason of 
sickness, he was denounced. At this 
court he appeared, though he remained 
sickly, and very much indisposed, and was 
fined in a thousand pounds sterling, merely 
because he refused to depone upon his libel 
as to reset and converse, and for his refusal 
of the test offered to him ; he was cast into 
prison in the castle of Dumbarton, to con 
tinue there till he paid his whole fine. In 
March thereafter, his lady fell ill of a fever* 
whereof she died; and though it was but a 
small distance from the castle, her husband 
for a good while was not suffered to come 
out to see his dying wife At length, his 
son Robert Zuil, since the revolution bailie 
and dean of guild in the city of Glasgow, 
with his son-in-law, were admitted to give 
bond with himself, for a thousand pounds 
sterling, that he should return to prison in 
four days after the interment; for this 
mighty favour he was not allowed till the 
lady was dead, and he was denied the satis- 

| faction of seeing her. He returned at the 
time appointed, and was continued close 
prisoner eighteen or twenty months till 
the persecution slackened a little. How 
ever, by this harsh treatment, and want of 
accommodation in prison, this excellent gen 
tleman contracted a consumption, whereof 
he died January, 1688. 

Since writing what is above, I have sent 
me the just extract of a decreet, past at this 
court, which deserves a room here, and it 
relates to a good many others besides Dar 
leith. "At Dumbarton, February 19th, 
1685, sederunt, William Hamilton of Orbis 
ton, sheriff-principal, Humphrey Colquhoun 
fiar of Luss, major George Arnot lieuten 
ant governor of Dumbarton castle, and 
Archibald M Aulay of Ardincaple, com 
missioners of council and justiciary. The 
whilk day, anent the libel pursued by his 
majesty s advocate, and Thomas Wallace 
sheriff-clerk, having commission from him 
before the said commissioners, against John 
Campbell of Carrick, and Christian Elliot 
his spouse, John Zuil of Darleith, and Anna 
Fisher his spouse, John Napier of Kilma- 
hew,and Lilias Colquhoun his spouse, Isobel 
Buchanan relict of umquhile Archibald 
Buchanan of Drumhead, Claud Hamilton 
of Barns, and Stuart his spouse, 

Hugh Crawford of Cloverhill, and 
Hamilton his spouse, John Douglas of 
Mains, and Hamilton his spouse, 

William Colquhoun of Craigton, and 
Stirling his spouse, William Semple of 
Dalmock, and Denniston his 

spouse, and William Noble fiar of Ardar- 
dan. The commissioners foresaid, having 
seen and considered the libel, and acts of 
parliament whereupon the same is founded, 
together with the forenamed persons defen 
ders, their valuations; and the foresaid 
libel being found relevant, and admitted to 
the foresaid pursuer s probation, and by 
him referred to the hail defenders oaths, 
decern as follows, viz. the said John Napier 
of Kilmahew, for his noncompearance, is 
holden as confessed, and is fined in the sum 
of two thousand pounds, sterling money of 
England, for himself and his lady ; John 
Zuil in a thousand pounds sterling, having 
appeared and confessed two years with 
drawing from his parish-church, since the 

C1IA1 3 . IX/ 



indemnity, as likewise a house-conventicle j 
and other church disorders, he refusing to | 
give a testimony of loyalty by taking the 
test, when required by the commissioners ; 
also, fine the said John Campbell of Carrick, 
for himself and his lady, in the sum of 
fifteen hundred pounds, because of his 
contumacy in not compearing when lawfully 
cited, atwhich day his spouse Christian Elliot 
compeared, and acknowledged she had heard 
outed and unlicensed ministers preach and 
expound scripture in her husband s house 
several times, but cannot be positive how 
oft ; and the foresaid Isobel Buchanan in 
a hundred pounds sterling : and ordain j 
the magistrates of Dumbarton to impri 
son them instantly, or when apprehended, 
till they pay the said sums, or otherwise 
give satisfaction to the noble and potent 
prince William duke of Queensberry, lord 
high treasurer. For which this shall be 
to them or any of them a sufficient 

Let me go over the river Clyde to the 
shire of Renfrew, and we shall yet meet 
with greater severities. Most part of the 
presbyterian gentlemen of that shire we 
left in prison at Edinburgh last year, so 
that the commissioners there, had only 
some meaner persons to exercise their 
severities upon. 

Upon the 3d of February, I find John 
Park and James Algie executed at the 
cross of Paisley, by sentence of the com 
missioners for this shire. I have a 
distinct account of them from the late 
reverend Mr Matthew Crawford minister 
at Eastwood, where they lived, whose 
piety and learning make his memory 
savoury to all who knew him. Those 
two men lived in Kennishead in the foresaid 
parish, and were joint tenants in a bit of 
land there. I am informed that James 
Algie was an ordinary conformist, and 
heard the episcopal minister till within a 
few weeks before this, when through the 
influence of the other he gave it over. It 
is certain that both of them gave over that 
land they had jointly a tack of, upon some 
reason or other, which one who had been 
instrumental in bringing them thither took 
very ill, and drove his resentments so far, as 
to inform against them, and sent a nephew of 

his upon the Lord s day,February 1st, 
with a letter to Mr John Cochran of 1685 
Ferguslie at Paisley, bailie of the regality 
of Darnley, under which they lived, inform 
ing him that those two were persons of 
rebellious principles, disowned the king s 
authority, and defended the declaration of 
the societies, adding, that it was his business, 
as judge ordinary, to notice them as he 
would be answerable. The bearer of the 
letter was put in close custody until the 
forenoon s sermon was over, and then a 
party of soldiers were ordered out, and the 
two men were seized in their own house 
just when about family worship, and 
carried down to Paisley that night, and ex 
amined there upon the common interroga 
tories. In which they not giving full 
satisfaction, were left in prison. And the 
commissoners having a justiciary power for 
that shire, met on Tuesday, and sentenced 
them in the forenoon, and they were ex 
ecuted that same day about two of the 
clock. While they were in prison, Mr 
James Hay, afterwards minister at Kilsyth 
since the revolution, was sent to them by 
Mr Matthew Crawford, who was much 
concerned in them, being some way part of 
his charge, but being denounced durst not 
go himself. Upon conversation with them, 
he found they knew very little as to the 
debatable points upon which they had been 
interrogate, only they had lately drunk in 
some of the tenets of those who denied the 
king s authority : but upon conversation 
and further instruction, they appeared very 
willing to quit them. And after some pains 
taken upon them, they came to be satisfied 
to take the abjuration oath. But it seems 
their death was resolved on, whatever con 
descensions they should make. And when 
an offer was made, in their name, in open 
court, that they would swear the oath 
required in the council s proclamation, the 
laird of Orbiston, who now managed matters 
here and ^Dumbartonshire, according to the 
bloody imposing spirit of the times, answer 
ed, directing himself to the two pannels,"The 
abjuration oath shall not save you; unless 
you take the test, you shall hang presently." 
The two plain good men, having a just ab 
horrence at the test, replied, " If to save our 
lives we must take the test, andtheabju- 



[BOOK 111. 


ration will not save us, we will take no 

oaths at all." And upon this qualified 
refusal of the abj uration, they were sentenced 
to die presently. Had the poor men per 
emptorily demanded the benefit of the abjur 
ation, even by the then laws they could not 
have taken their life, for they had no facts 
at all against them, and the test could not 
in law be required of them ; but they had 
neither skill nor courage to plead before 
courts, and no lawyers were allowed to ar 
gue for them. This made the foresaid gen 
tleman, one of their judges, after the sen 
tence was passed, boast in the wickedness, 
and vauntingly say, " They thought to have 
cheated the judges, but by , I have trick 
ed them." So dreadful was the thirst after 
innocent blood in some intrusted by the 
government with the execution of the 
present iniquitous laws. 

I have given a particular detail of this 
matter, because my accounts are from per 
sons of the best credit, who had occasion to 
know it exactly, and it is a melancholy 
proof of the stretches made by the execu 
tors of the wicked laws now in force, even 
beyond their own bloody rules. 

Those two pious youths were executed 
that same day, within a few hours of their 
sentence, I might have said, of their appre 
hending, and they lie buried near Paisley.* 
It were worth while to remark it, this may 
serve to correct a double mistake in the ac 
count of these two men, in the Cloud of 
Witnesses, pag. 286, that they are buried in 
the parish of Eastwood, and that they suf 
fered for refusing the abjuration, which 
ought to have been qualified as above. I 
am informed by some yet alive, who were 
present at their execution and burial, that 
the soldiers there present endeavoured to 
make the people who concerned themselves 
in their burial, to approve of their death, 
and declare they died justly, threatening 
them with present imprisonment if they did 

* They were buried in the Gallowgreen of 
Paisley. About fifty years ago, in consequence 
of the extension of the buildings of the town over 
the Gallowgreen, their bones were taken up, de 
cently re-interred in a more suitable spot, and 
a flat stone laid over the grave with a suitable 
inscription. This was done by the order and at 
the expense of the magistrates and council of 
the burgh. Ed. 

not so, which is a new instance of the bar 
barity of this period. 

Another instance of unaccountable severi 
ty at this court, upon the same day, was in 
the case of Robert King miller at Pollock- 
shaws, in the same parish of Eastwood, 
which may let us in to a further view of 
the treatment country people met with at 
those courts. This good man died but lately 
in a good old age, and I have several times 
had the accounts of his severe treatment from 
himself. Before this he had been twice 
fined for mere nonconformity, in forty pounds 
Scots, and at both times much more than 
the sum was exacted by the soldiers when 
they came upon him at different times. The 
firmness and composure of his wife Janet 
Scouler, under the severities of the soldiers, 
was truly remarkable, and in my opinion 
deserves a room here. This excellent wo 
man was far beyond the common size of 
country people, for good sense and solid 
knoAvledge, and was really extraordinary 
for serious exercising religion. I could in 
sert several very singular instances of it in 
her, and of the Lord s manifestations of his 
covenant to her, were this a place for 
it. One day a party of soldiers came to 
their house and rifled it, taking away two 
or three horses, and five or six cows, and 
had plundered the house of any thing por 
table. When they were doing all this, Ja 
net was perfectly easy and composed, not 
in the least ruffled, so that the soldiers could 
not but take notice of it. When the cattle 
were driving alongst the Shaw-bridge, at 
the end of which their house was, Janet 
came to the door, arid looked after them. 
One of the soldiers observing her, and be 
ing a little more merciful than the rest, 
turned about and said, " Poor woman, I pity 
thee." Janet answered him with a great 
deal of gravity arid cheerfulness, " Poor," 
said she, " I am not poor, you cannot make 
me poor, God is my portion, and you can 
not make me poor." This was to glory in 
her tribulation, and to rejoice at all times, 
and bless the Lord continually. To return 
to her husband ; a party of soldiers upon 
the 3d of February pretty early, came 
to his house, and brought him down pris 
oner to Paisley. Nothing could ever be 
laid to his charge but mere nonconformity, 

CHAP. IX. ] 



he having never borne arms. He was pre 
sented before the commissioners met upon 
the former occasion, whose severity was 
chiefly owing- to the violence of the gen 
tleman last named. When Robert King is 
before them, he was interrogate, if the 
death of the archbishop was murder. He 
answered, he did not understand the matter 
so far, as to determine in it. Again he was 
asked, if the king sinned in rescinding the 
covenant. He told them, he would not 
answer to such questions as these. After 
they had put several more to him, they put 
the test to him, which he peremptorily re 
fused. In the time of his examination, the 
two forenamed young men, his neighbours 
and acquaintances, were hanging upon the 
gibbet before the tolbooth of Paisley, where 
the court sat. Robert was bid look upon 
these two before the window, and assured 
(the threatening was illegal as well as barba 
rous)thatif he took not the test, immediate 
ly he would be knit up with them. He refus 
ed for a good while. To fright him the more, 
they shut him up in a corner of the prison 
permitting nobody but his guard of soldiers to 
be near him, and told him, he had but an 
hour more to live ; and the trumpet was to 
be sounded thrice, and if he sat the third 
summons at the expiring of the hour, there 
was no mercy for him. When he was sent 
off, the first blast was given, and in less than 
half an hour the next. The poor man 
brought to this pinch just from his work 
was much frighted, and no great wonder 
and fell into very great confusion, and as h 
himself used to express it, was perfectly 
out of himself; and in his fright, when 
warned before the last sound of the trum 
pet, he complied and took the test. Thi 
was matter of heavy vexation to him fo 
many a year ; and the Lord gave him re 
pentance not to be repented of for this in 
voluntary fall, which was more the sin o 
his persecutors than his. This is a ver 
affecting instance of the fury of this time 
and the barbarous methods taken to brin 
poor people to compliance with their impo 

1 shall only add one other instance of th 
severity of this court at Paisley, come to m 
hand since writing what is above. Rolls of a 
the inhabitants were called for, and becaus 

Thomas Crawford, then younger of 
rawfords-burn, was not so timeous 168j 
i giving in a list of the inhabitants of his 
ands, as they would have had him, he is 
ned in a hundred pounds. Indeed it was 
fterwards remitted; and because Robert 
Shearer, sailor in Crawfords-dyke, (yet 
live) did not compear before them, the 
ommissioners ordered his goods to be se- 
uestrate, and his wife to be imprisoned in 
Dumbarton castle. The execution of 
vhich was put upon their master, the fore- 
mentioned present laird of Crawfords-burn ; 
hich invidious work when he did not do, 
le was severely threatened to be represent- 
d to the government ; but this was happily 
irevented by favour of the lord Ross. 

No further accounts are come to my 
hand of the procedure of the commissioners 
n other shires, save those in the north, 
which will come in from the council-regis- 
;ers, whence I come now to give a detail 
of what concerns the sufferers till the king s 

January 7th, a letter is read from the 
king, appointing the underwritten noble 
men and gentlemen to be processed before 
the ensuing parliament, and the council 
form the following act. " The lords of his 
majesty s privy council having a letter from 
the king, dated Whitehall December 24th, 
signifying, that his majesty having indicted 
a session of parliament to meet at Edin 
burgh the 10th of March next to come; 
and seeing his majesty s royal brother can 
not stay so long, nor is it fit to keep the 
members so long together, as sixty days 
may run from their first meeting, before 
the process, necessary to be raised against 
such as are accessory to the late treasonable 
conspiracy, and other crimes of treason, 
can come in ; and it having been ordinary 
in the reigns of his majesty s royal prede 
cessors, to issue out processes in such cases, 
for citing those who are to be accused ; and 
therefore commanding his advocate to raise 
processes before the said session of parlia 
ment, immediately at sight hereof against 
the whole persons aftermentioned, viz. 
Denholm of Westshiels, Stuart son 

to Cultness, Sir John Cochrane of Ochil- 
tree, James Stuart son to Sir James Stuart 
provost of Edinburgh, the lord Melville, Sir 



Patrick Hume of Pol wart, George 
Pringle of Torvvoodlee, Andrew 
Fletcher of Salton, Hume of 

Bassenden, Hay of Park, Sir 

James Dalrymple of Stair, Walter Lock- 
hart of Kirkton, Montgomery of 
Langshaw, John Weir of Newton, Mr Gil 
bert Elliot writer in Edinburgh, 
Campbell of Ardkinglass, Sir Hugh Camp 
bell of Cesnock elder, Sir George Campbell 
younger thereof, the heirs of the deceased 
earl of London, the heirs of the deceased 
Mr Robert Martin, late clerk to the justice 
court. The lords give warrant accordingly." 
And January 9th, I find, upon what reason 
I know not, the lords appoint the advocate 
to begin a process of treason against Mr 
Robert Martin, Mr Gilbert Elliot, Mr 
Robert Fergusson, Sir William Scot younger 
of Harden, Sir James Dalrymple of Stair, 
and Montgomery of Langshaw, notwith 
standing they are cited to the parliament. 
How far this is consistent with rules and 
forms, 1 leave to lawyers to determine. We 
shall hear more of some of them just now 
from the justiciary registers. 

January 8th, the council send a commis 
sion north, and write the folio wing letter to 
the bishop of Murray. " My lord, his ma 
jesty s privy council having commissioned 
the earls of Errol and Kintore, and Sir 
George Munro, to prosecute all persons 
guilty of church disorders and other crimes, 
in the bounds betwixt Spey and Ness, in 
cluding Strathspey and Abernethy, and their 
first meeting to be at Elgin, the 22d of Jan 
uary instant, the council have thought fit 
to recommend to your lordship to advertise 
all your ministers within the bounds fore- 
said, to attend the said commissioners the 
said day, and to bring with them their el 
ders, and lists of persons guilty of church 
disorders, or suspect of disaffection to the 
present established government in church 
or state, whereupon they are to depone. 
I am, &c. 

" PERTH, Cancel." 

And at the same diet, they order my lord 
Duff us, with the militia troop, to attend 
them ; and January 9th, their commission 
is extended to Inverness, Ross, Cromarty^ 
and Sutherland. The seed sown by the 

banishments, after the first introduction of 
prelacy, of Mr David Dickson, Mr Robert 
Bruce, and others, and more lately by min 
isters and gentlemen banished thither by 
the high commission, and by the labours of 
Messrs Hogg, M Gilligen, and others, were 
not yet worn out from that country; and 
though there were but few comparatively 
with the west and south, yet there were 
more, than many imagine, dissatisfied with 
prelacy and the present methods. To bear 
down any such, that commission is sent 
north. The best and most satisfying account 
I can give of this northern commission is 
from the registers, and I wish there had 
been as distinct accounts of the rest there ; 
but 1 find not one word from any of them 
save this. Their report is made to the 
council, March 2d, which, with the coun 
cil s approbation of their procedure, is as 

Report from the commissioners for Murray. 

" Forasmuch as there being this day given 
in to the lords of his majesty s privy coun 
cil, the address and report following, of the 
commissioners appointed by the king and 
council, for pursuing and punishing of de 
linquents within the district of Murray, 
as the same in itself, in manner underwrit 
ten, at length bears. Follows the tenor of 
the said address and report. Unto the 
right honourable, the lord high chancellor, 
the lord high treasurer, and remanent lords 
of his majesty s most honourable privy 
council, the report of the right honourable 
John earl of Errol, and lord high constable 
of Scotland, John earl of Kiutore lord 
treasurer-depute, and Sir George Munro of 
Culcairn, commissioners of his majesty s 
privy council and justiciary, for the district 
of Murray, showeth, that, in pursuance of 
the commission and instructions given to 
them, they, upon their first arrival in Mur 
ray, issued forth precepts for citing such 
disorderly persons within the shires of 
Bamff, Ross, and Sutherland, (as being most 
remote) as were given them in their in 
structions, and whereof they had got infor 
mation ; and commanded the respective 
sheriffs to cause summon all the other dis 
orderly persons, within these shires, to ap 
pear at a certain day. The lords having 




proclaimed protection to all persons con 
cerned, they discharged any to go out of the 
district without their license, and ordained 
all who came into the district from the south j 
hand, to appear before them, and produce 
their letters and papers, and be examined, j 
The lords caused make up complete lists of j 
all the heritors, liferenters, and wadsetters, 
within the district, and allowed them to | 
meet and make address of what they would j 
offer for the security of the peace and 
government ; and accordingly, they all un 
animously gave in a very loyal address, and j 
voluntary offer of three months supply to ; 
his majesty, and the burghs gave in the 
same. The heritors likewise, and burghs i 
within the district, did all unanimously 
sign a bond for securing the public peace, 
and for their regular living. The heritors 
also and burgesses did take and swear the 
test, and oath of allegiance, and asserted 
his majesty s prerogatives, except a few 
heritors to whom the lords thought fit not to 
tender the same at that time, but who ap- | 
peared to be willing to take it, and some 
loyal persons absent on excuses. The lords 
did very strictly examine all the ministers 
arid elders within the district, with several 
persons of honour and loyalty, anent the 
condition and state of the country, and the 
disaffected and disorderly persons therein, 
and libelled all persons delated, banished ! 
some, fined others, and remitted a few to 
the council, a list of all whom is herewith 
given in. The lords were at much pains, and j 
took great trial anent James Nimmo, Mr I 
Robert Martin, Pitgavie, and Park Hay, 
and anent the plot, and contributing money j 
and doing favours to rebels. The lords 
ordered to imprison the laird of Fowlis 
elder, (a disorderly person not able to 
travel) at Tayn, and the laird of Fowlis 
younger at Inverness, in case he refused 
the bond of peace; and gave orders to 
apprehend, and send Mr William Mackay, 
a vagrant preacher in Sutherland, prisoner 
to Edinburgh. The lords cleansed the 
country of all outed ministers and vagrant 
preachers, and banished four of them for j 
not taking the oath of allegiance, keeping I 
conventicles, and refusing to keep the kirk, | 
and fined one of them, being an heritor, in 
ten thousand merks, and ordered them to 


be transported prisoners to Edin 
burgh. The lords ordered to appre 
hend the few delinquents that were absent, 
and to commit them to prison till they 
should sign the bond of peace and regularity, 
and engage to keep the kirk in time coming. 
There being a good many commons, and 
very mean people, delated and libelled for 
church disorders and irregularities, and 
being all formerly fined, and almost all of 
them since regular, and the few who had not 
been so, having sworn to keep the kirk, 
and their masters and husbands having 
engaged for them, the lords assoilied them, 
and left orders with the respective sheriffs 
to put the laws vigorously tc execu 
tion, against all church-dissenters, and 
especially against such as were formerly 
disorderly, and were now engaged to live 
regularly, and to report their diligence to 
the council. The militia regiment and 
troop did attend the lords, whom they did 
view, and caused put in order. The 
bishop and clergy of the diocese of Murray, 
attended the lords in a body, and gave 
them their hearty thanks for the great 
pains and diligence they had used to the 
good and encouragement of the church and 
clergy in that place, and begged the lords 
would allow them to represent their sense 
and gratitude thereof to the lords of his 
majesty s most honourable privy council. 
Follows the list of the persons banished, 
viz. Mr James Urquhart, Mr John Stuart, 
Mr Alexander Dunbar, Mr George Meldrum 
ministers, Alexander and Mark Mavers 
portioners of Urquhart, Donald and Andrew 
Monro of Elgin, Alexander Monro some 
time of Main ; likeas a married woman, 
Jean Taylor a servant. List of the persons 
fined, viz. the laird of Grant in the sum of 
forty two thousand five hundred pounds 
Scots, the laird of Brodie in twenty four 
thousand pounds, the laird of Lethin in 
forty thousand pounds, Francis Brodie of 
Milton in ten thousand pounds, Francis 
Brodie of Windyhills in three thousand 
three hundred thirty three pounds, six 
shillings and eight pennies,Mr James Brodie 
in Kinlee, in three hundred thirty three 
pounds, six shillings eight pennies, Mark 
Maver portioner of Urquhart, banished, and 
fined in three hundred pounds, Mr George 
2 B 




g . Meldrum of Crombie, banished, and 
fined in six thousand six hundred 
sixty six pounds, thirteen shillings four 
pennies. Summa is one hundred and twenty 
thousand, nine hundred thirty three pounds, 
six shillings, eight pennies Scots. List of 
persons cited to appear when called, viz. 
Thomas Dunbar of Grange, the laird of Innes 
younger, William Brodie of Colth eld, Wil 
liam Brodie of Whitewray, and Mr Robert 
Donaldson in Ayr. Nota. The lords were 
at much pains, and took great inquiry 
anent a fiery cross sent through the coun 
try, to alarm the people, and hinder them 
to go out to the king s host, against the 
rebels at Both \vell-bridge ; and as anent 
a combination and club, kept for carrying 
on and bringing in an indulgence to 
Murray, the depositions anent all which 
are herewith reported. Subscribed, Kin- 
lore, for himself, in name of the earl of 
Errol, and Sir George Monro. And where 
as the consideration of the said report, hav 
ing been remitted to a committee of the 
council s number, and they having, conform 
to the reference made to them this day, 
made report thereanent, the lords of his 
majesty s privy council upon consideration 
of the foresaid address, and report of the 
said commissioners, with the report of their 
own committee aforesaid, do thereby de 
clare, that they are very well satisfied with 
their procedure and diligence, and do ap 
prove thereof; and besides, did return their 
hearty thanks to the earl of Kintore, for 
himself and the other commissioners, upon 
that account." 

No observations are necessary upon such 
procedure against so many excellent gentle 
men : the unaccountableness of this treat 
ment will appear much better from a peti 
tion given in to the council by the laird of 
Grant, in April, desiring that part of the 
commissioners sentence against him may be 
recognosced, than from any thing I can say ; 
and therefore I shall add it here, with the 
council s refusal, which is another evidence 
of the severity of this period. 

" Edinburgh, April 16th. Anent the peti 
tion presented by Ludovick Grant of 
Freughie, showing, that the petitioner is 

charged by virtue of letters of horning, 
raised at the instance of his majesty s cash- 
keeper, to make payment to him of the sum 
of forty two thousand five hundred pounds, 
Scots money, conform to a decreet obtained 
at the instance of his majesty s advocate, 
against the petitioner, before the lords com 
missioners of his majesty s privy council, 
met at Elgin the eleventh day of February, 
one thousand six hundred and eighty five 
years, within fifteen days next after the 
charge, &c. And since the said decreet is 
founded upon thir grounds, viz. That the 
petitioner s wife confessed two years and a 
halFs withdrawing from the ordinances, the 
having and keeping an unlicensed chaplain, 
hearing outed ministers preach several 
times, and that the petitioner confessed the 
keeping of the said unlicensed minister, and 
hearing an outed minister preach once, and 
pray several times ; it was humbly craved, 
that his grace and the council might resume 
the consideration of the said decreet, upon 
thir grounds, \mo. The petitioner, with all 
submission, conceives, that by no former 
law, an husband is declared liable for his 
wife s withdrawing from the ordinances. 
2do. It is notourly known, that the parish 
church was vacant for one year and a half 
of the time libelled, that the next parish 
kirk is six or seven miles distant, and that 
the petitioner s wife, for the most part of 
the remanent time, was valetudinary, and 
given over by the physicians. 3tio. The 
petitioner s wife deponed expressly, that it 
was never her principle to abstain from 
hearing upon the account of any disloyalty, 
disrespect, or disaffection to the government, 
and before and after the time libelled she 
is a constant hearer. 4to. It cannot be pre 
tended, that any conventicle was ever hold- 
en in any house or fields belonging to the 
petitioner, and neither the petitioner nor 
his wife did even hear any outed minister 
preach, pray, except in the house of Lethin, 
when the lady Lethin (the petitioner s 
mother-in-law) was on deathbed, there being 
none present but five or six of the same 
family, which hearing was merely accident 
al, without any design, the petitioner and his 
wife being, by the ties of nature and charity, 
obliged to attend their said dying mother, 
in time of her sickness. 5fo. Albeit the pe- 




titioncr and his wife, upon oath confessed, 
that Mr Alexander Frazer, (who in the 
decreet is called an unlicensed chaplain, ) 
was their servant, yet the said Mr Alexan 
der Frazer was an actual minister under 
bishops, who took the oath of allegiance, 
and subscribed the declaration against the 
covenant, being 1 instituted by bishop Murdo 
Mackenzie, into the kirk of Daviot, which 
is one of the mensal kirks of the diocese of 
Murray, and thereafter demitted his charge 
by reason of his infirmity, nor was he ever 
the petitioner s feed servant, but a tenant, and 
was actually removed before the act of par 
liament ordaining chaplains to take the test, 
and before the proclamation dated the 
fourth day of June, 16S3, discharging chap 
lains in any family without license from the 
ordinary, neither was he ever pursued, 
charged, or sentenced, for any cause what- 
somever to this hour ; and in regard the 
petitioner is most desirous, and cheerfully 
offers to give all the evidences and demon 
strations of his loyalty and affection to the 
government that can be demanded, and to 
assert the same with the deepest protesta 
tions imaginable, and from which no event 
whatsomever can be able to discourage 
him, declaring from his heart all thoughts 
in the contrary most nauseous and abomi 
nable ; and therefore humbly supplicating 
that his grace and remanent lords of coun 
cil, would revise the said decreet, grounds, 
and warrants thereof, and in the meantime 
stop further procedure, it being hoped by 
the petitioner, upon perusal of the whole 
matter, he would be found totally innocent. 
Which petition being upon the 16th day of 
April instant read in council, his majesty s 
high commissioner and lords of council did 
remit to a committee of the council s num 
ber, to consider thereof, and decreet fore- 
said for the district of Murray, and grounds 
and warrants of the same, and to hear the 
earls of Errol and Kintore, two of these 
commissioners in the affair, and to report 
(execution in the meantime against the pe 
titioner being sisted). And the said commit 
tee having, upon the 18th of the said month, 
met and called the laird of Grant petitioner, 
and heard him and his advocates, and consid 
ered the foresaid petition and reasons therein 
mentioned, together with the oaths of the pe- 

itionerand his lady, before the said 


ommissioners,and this day made their 
report in the hail matter, his majesty s high 
commissioner and lords of privy council do 
find that the lords commissioners of the 
district of Murray, have proceeded legally, 
and conform to their commission and in 
structions, in fining the said laird of Grant 
petitioner, in the foresaid sum of forty two 
thousand and five hundred pounds, Scots 
money, and the letters and charges at the 
instance of his majesty s cash-keeper, 
against the said laird of Grant, orderly pro 
ceeded ; and ordain the same to be put to 
further execution, conform to the tenor 
thereof, ay and while the said fine be fully 
satisfied and paid." 

After what I have already inserted, I 
need scarce add any thing from private 
hands ; but that the reader may have a full 
view of this sore persecution, I shall sub 
join a particular narrative sent me by a 
worthy gentleman in Murray, upon whom 
the reader may depend for the truth of it. 
" The members of the criminal court which 
sat at Elgin of Murray, in the beginning 
of the year 1685, were the earls of Errol 
and Kintore, with Sir George Monro, 
commonly called major-general. As soon 
as the commissioners came to town, 
they caused erect a new gallows ad ter- 
rorem. Most of the presbyterians in this 
country were summoned before them, 
though they had no crimes to charge 
them with, but absence from the kirk, and 
being at conventicles; none here having 
been at Bothwell, or in any thing termed 
rebellion. They fined the laird of Brodie, 
this Brodie s grandfather, in forty five thou 
sand merks, merely upon his having a con 
venticle in his house. That gentleman 
went to London to get, if possible, some 
reasonable composition made for his fine : 
after much pains and expense he was 
forced to give bond for twenty two thou 
sand merks, to one colonel Maxwell a pa 
pist, to whom that sum was paid, and the 
colonel s acknowledgment of it is yet among 
the papers of that family. Alexander Bro 
die of Lethin in forty thousand pounds, and 
a fifth part more in case it were not paid 
in a year. All they had against him was, 
that he would not depone he had not heard 



[BOOK 111. 

a presbyterian minister preach. His 
* fine was gifted to the Scots popish 
college at Do way ; and an adjudication was 
led against his estate, which yet stands in 
the register of adjudications. A composition 
was made, and a great sum paid to the earl 
of Perth ; and this Lethin yet hath the earl s 
receipt, if I remember, for thirty thou 
sand pounds, which he hath promised me 
to send to you, if needful. Francis Brodie 
of Milton, on the same score was fined in 
nineteen thousand pounds, which was 
near the value of his estate, then per 
fectly free. This was given to 
Gray of Crichy, who adjudged the estate, 
as appears yet in the registers. The happy 
revolution delivered him and many others. 
David Brodie of Pitgavenie, was fined in 
eighteen thousand pounds by Tannachie, 
who was sheriff-depute under my lord 
Down, and made sheriff of Murray by the 
king, the heritable sheriff at that time being 
removed, as judged to favour presbytenans. 
His crime was the same with the two for 
mer. A good part of his fine was paid. 
Francis Brodie of Windyhills, was fined in 
a sum near the value of his estate, which 
being but small, he got it down. A great 
many others were called before this court, 
and imprisoned in Elgin tolbooth, and some 
of them fined, of which I cannot give the 
particulars, as Mark Maver, Donald Monro 
baxter in Elgin, John Montford chamberlain 
to Park, Jean Brodie, relict of Alexander 
Thomson merchant in Elgin, Christian 
Leslie daughter to Leslie of Aiken- 

wall, Beatrix Brodie relict of Leslie 

of Ai ken wall, and many others I cannot 
name, were put in prison ; but king Charles 
death falling in, the court rose, and 
they were liberate. Mr James Urquhart, 
Mr Alexander Dunbar, and some other 
ministers were sent south to prison, and 
continued in the Bass and Blackness. 
Mackenzie of Siddy, by virtue of a council 
warrant, did likewise persecute a great 
many honest people. Mr Hay, and others 
in the west end of this country, suffered by 
him, and he made an unhappy end, being 
killed by Coil M Donald. I am, c." 

1 return to the council proceedings. 
January 17th, "The council order the ad 
vocate to pursue the parishoners of An worth, 

for affronts done to their minister, and the 
parish of Carsphairn, for the murder of their 
minister by some skulking rebels." I know 
nothing anent the affront done to the min 
ister of Anworth, and say no further 
about it. But the murder of Mr Peter 
Peirson at Carsphairn at the manse there, 
is a fact, whereof no just account, as far as 
I know, hath been yet given to the public ; 
and this, with the murder of bishop Sharp, 
are generally charged upon presbyterians 
as proofs of their practising the hellish and 
Jesuitical principle of assassination. I have 
said enough already upon the first, and here 
I shall give a plain account of the matter of 
fact at Carsphairn, which I have from a 
gentleman of undoubted credit, who had the 
detail of this matter from the persons con 
cerned in this wickedness, and another 
concurring narrative from JohnMatthison,a 
very judicious and worthy elder in the parish 
of Glencairn, lately dead, who had his infor 
rnation likewise from the persons present. 

The regular and orthodox clergy, as they 
were now termed, in the southern shires, 
had various treatment from people in their 
parishes, in a proportion to their temper 
and management. The clamours made 
about the insults made upon them, with the 
acts, of council thereanent, I have noticed 
upon the former book It is certain, several 
of them, who were violent instigators of 
the persecution, and active informers of the 
persecutors, met with proportioned treat 
ment, in itself uncivil and rude enough ; but 
none I can hear of w r ere wounded, far less 
murdered, as is given out, save this man at 
Carsphairn. Some notice hath been already 
taken of Mr Peirson s violent measures, and 
how serviceable he was to the laird of Lagg, 
and other violent oppressors of the people 
of Carsphairn, and in this he came, in his 
narrower sphere, the nearest the primate 
who met with the same fate, of any 1 have 
heard of. He was a surly ill-natured man, 
and horridly severe. Several of his bre 
thren about the time of the society s declara 
tion, had the caution to retire for a little ; 
but he would needs brave it out. By the 
many murders in cold blood in the fields, 
and the severe commissions and orders 
given out against them, it is certain the 
wanderers were exasperated more than or- 




(iinarily. And I much suspect some of 
them were put upon the heights and extre 
mities they ran to, by some wicked people 
who mixed themselves with them ; and we 
shall meet with somewhat of this in the 
matter before us. Mr Peirson was an un 
married man, very blustering and bold, and 
used openly to provoke the poor people, by 
saying in public companies, He feared none 
of the whigs, nor any thing else but rats 
and mice. He lived at the manse alone, 
without so much as a servant with him, and 
kept still a number of fire arms charged in 
his chamber. He was openly a favourer 
of popery, and gave shrewd enough signs 
of his being popishly inclined, by defending 
not a few of their peculiar tenets. One 
time in particular, in the house of 
James M Virk, in the Holm of Dalquhairn, 
ne defended purgatory openly, and some 
other such doctrines; and frequently, in 
public companies, he maintained that pa 
pists were much better subjects than pres 
byterians, and other positions abundantly 
irritating. He was a notorious informer 
and instigator to all the violences in that 
country. Those things I do not at all no 
tice to vindicate the fact I am going to 
relate, for I abhor and detest it ; but that 
the reader may know the true state of this 
matter, and what unwarrantable provoca 
tions this ill man gave. Those, with what 
preceded it, are so far from vindicating 
this attempt, that I do not so much as 
plead them as alleviations, but only narrate 
them as vouched matters of fact, which 
went before this attempt. 

Towards the end of the last year, some 
few of the wanderers, who were upon their 
hiding in that neighbourhood, entered into 
a concert, with an express proviso of doing 
no harm to Mr Peirson s person, to meet 
together and essay to force him to give a 
written declaration, that he would forbear 
instigating their enemies, and other violent 
courses, and deter him from them in time 
to come, still expressly declaring they 
would do him no bodily harm. Accordingly 
there met at the house of John Clark in 
Muirbroke, three miles from the kirk of 
Carsphairn, James M Michael fowler to the 
laird of Maxwelton, Roger Padzen in the 
parish of Sanquhar, Robert Mitchell in the 
parish of New Cumnock, William Herron 

in the parish of Glencairn, and other 
accounts add, Watson, with 

some others ; and one night having notice 
that Mr Peirson was at home, they came to 
the manse, and sent those named above to de 
sire Mr Peirson to speak with some Mends, 
who were to do him no harm. One ac 
count says, and it is not inconsistent with 
the other, that two of them who were sent, 
got in, and delivered the commission, which 
put Mr Peirson in a rage, and drawing a 
broad sword, and cocking a gun or pistol, he 
got betwixt them and the door; upon 
which they called, and M Michael and 
Padzen came to the door, and knocked. 
The other account makes no mention of 
this circumstance, but says when they 
knocked at the door, Mr Peirson opened it 
himself, and with fury came out upon 
them with arms ; and James M Michael, as 
he said, laying his account with present 
death if he h